Who has rightful claim to penthouse based on terrace agreement?

I own a piece of land where I have an agreement with a builder regarding the terrace. The agreement states if the first party (landowner) obtains further permission from the relevant authorities to construct above the fourth floor, the first party will carry out the construction at their own cost. The second party (builder/developer) shall have no right, share, interest, or objection regarding any premises above the fourth floor. Residents of the second and third floors may jointly use both sides of the terrace/rooftop of the scheduled building but shall have no rights, title, or interest in the terrace/rooftop of the scheduled building. Given that the agreement does not mention a penthouse and the builder has constructed one without my permission, I seek clarification on who has the rightful claim to the penthouse. Based on the statements outlined above, who holds the claim to it?