Understanding roof rights is critical when purchasing a penthouse in a co-op building. Manhattan co-op real estate lawyer Natalia A. Sishodia (https://sishodia.com/do-i-have-a-roof-rights-when-purchasing-a-penthouse-in-a-coop/) of Sishodia PLLC outlines key legal considerations for buyers seeking exclusive roof access. With New York City’s limited outdoor space, rooftops offer a significant benefit—but only when the rights are clearly defined and legally enforceable.
Buyers of co-op penthouses often assume roof access is included. However, Manhattan co-op real estate lawyer Natalia A. Sishodia clarifies that roof rights are not automatic. Legal access to rooftop areas depends on the terms in documents such as the proprietary lease, offering plan, or a license agreement. Co-op boards retain ownership of roof space, and any exclusive use must be properly granted and documented.
Manhattan co-op real estate lawyer Natalia A. Sishodia explains that even when exclusive rights are granted, ownership of the roof remains with the cooperative. Exclusive use may allow access or improvements like decking, but not ownership. Roof areas may still be accessed by the co-op board for maintenance, repairs, or inspections. As stated in the article, “The only way to know is to dig into the purchase agreement and the facts.”
Legal terminology in proprietary leases often includes words like “appurtenant” and “adjoining.” Courts have interpreted these terms to define which areas are included in exclusive roof rights. According to Natalia A. Sishodia, legal precedent shows that only roof sections on the same level as the penthouse may qualify for exclusive use, not the roof above the penthouse structure. Language in the proprietary lease must be reviewed carefully before assuming any rights.
Due diligence is essential when considering a co-op penthouse. Manhattan co-op real estate lawyer Natalia A. Sishodia emphasizes the need to review the offering plan, its amendments, building bylaws, financial statements, and board meeting minutes. These documents reveal whether exclusive roof rights are valid, enforceable, and what restrictions may apply. Rights to build structures or enclose space typically require board approval, city permits, and compliance with zoning laws.
Maintenance obligations also apply to rooftop spaces. Manhattan co-op real estate lawyer Natalia A. Sishodia notes that rules often require upkeep such as sweeping debris, keeping drains clear, and following building guidelines for furniture and planters. Many co-ops prohibit anything that could damage the roof membrane, such as drilling or placing heavy objects. Even items like grills are restricted under fire safety rules.
House rules often limit the use of rooftop terraces by setting guest caps, quiet hours, and specific access times. Manhattan co-op real estate lawyer Natalia A. Sishodia advises reviewing these rules, as they may affect day-to-day enjoyment of the space. If pets are allowed, leash and cleanup requirements typically apply. Buyers are encouraged to request all relevant documents before making an offer.
The article by Natalia A. Sishodia also compares co-op penthouses to condominiums. While penthouses offer privacy and often include high-end features, the cost is higher and the responsibilities greater. Condominiums may offer more predictable maintenance obligations and shared costs, but often lack the seclusion and space found in penthouses. Each option carries different legal and financial implications.
Roof rights can significantly affect the value and enjoyment of a penthouse unit. Manhattan co-op real estate lawyer Natalia A. Sishodia encourages buyers to verify what they are actually purchasing. Misunderstandings about access or maintenance responsibility can lead to future disputes with the co-op board or other residents.
The team at Sishodia PLLC, led by Manhattan co-op real estate lawyer Natalia A. Sishodia, works with clients to identify legal risks and ensure transparency before a contract is signed. Services include document review, legal interpretation, and negotiation with boards to clarify any ambiguities related to rooftop access.
Buyers considering a co-op penthouse in Manhattan should prioritize legal review of roof rights before proceeding with a purchase. Confirming access, limitations, and responsibilities in advance protects both the buyer’s investment and future use of the space.
About Sishodia PLLC:
Sishodia PLLC is a New York City law firm focused on real estate transactions, including co-op and condominium purchases and sales in Manhattan. Led by Natalia A. Sishodia, the firm advises clients on due diligence, contract terms, regulatory compliance, and building policies to help navigate complex real estate deals with confidence.
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