Hi,

We live on the top two floors of a brownstone and I would like to acquire roof rights to build a roof deck. There is currently a fire access trap door. As the two floors below ours have exclusive access to the back garden, will the trap door roof access always have to remain there (since theoretically, they can get out to the garden), or could we close it off?

If it has to remain, is it worth pursuing roof rights?

Advice much appreciated. Thanks 🙂


Comments

  1. Having right(s) is a good thing– losing them is a drag.

    A friend of mine had exclusive roof rights in a Pk Slope coop. They filed to build an office and develop a deck. Plans were approved. They held off on these plans and did something else first. Then Park Slope was down zoned and ** poof ** no more rights! And, the increase in potential value–also gone.

    Re: your C/A/C on YOUR deck– GREAT!

    So, if you allow the neighbor’s C/A/C unit onto YOUR roof, will they then allow YOUR BBQ in THEIR yard? After all, they are probably about the same size… and as well vented. (Down south most C/A/Cs are outside/ground level.)

    Quid pro and all that– justa thought. Ain’t summer grand?

  2. I have the situation and the upper duplex has exclusive roof rights – and a hatch to the roof. I’ve replaced the hatch that was there when I moved in for one that’s easier and more secure and paid the full cost. Roof rights are definitely worth having. I haven’t built a deck there but I’m assured by realtors that the right that I could increases the value of my property. Neighbors with a roof deck seem to use it, and enjoy it. Meanwhile it made it simple to install central AC without going through the downstairs apartment. Problem now is that the new owners of the lower duplex want their AC on the roof and I don’t know if I should let them do it.

  3. The trap door to the roof is not for residents to use as a means of egress…its there so firefighters can get to the roof to fight a fire. It has to stay. You could extend the stair (from the public corridor, not from inside your apartment) to the roof, and replace the trap door with that, but it would have to be filed, and built to code.