Construction on an Attached Roof

We will now consider a case where the roof of an apartment is attached in the tabu to the apartment under the same roof.
Meaning that the tenants in the condominium and agreed to remove the roof from the common property and attach the top exclusively to allow the area to be considered a living unit.

First, a distinction must be made between linkage and construction. Between attaching part of the common property department to one of the apartments in the common house and the right of the owner of the same apartment to build on the adjacent area.
Attaching an area to an apartment gives the owner a right of ownership in the secured area. But it does not follow from this that the landlord has the right to build on the attached site.

The building rights in the shared house belong, as stated, to all the apartment owners in the condominium. Their use by an apartment owner is conditional on the consent of the other apartment owners.
See Chapter VI of the Real Estate Law.

The attachment of the roof to the apartment does not entail any grant of the building rights on the attached top unless it has been proven that this was the parties’ intention or that this is explicitly stated in the common house regulations.

Although there is seemingly no point in attaching a roof to an apartment without the right to build on the roof, connecting the roof to a particular apartment causes that part of the roof to cease to be part of the common property and become part of the apartment.

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