{"product_id":"vragen-46099-een-aantal-buren-binnen-onze-vve-willen-een-prive-dakterras-aanleggen-op-het-gemeenschappelijk-dak","title":"Legal Advice on Roof Terrace in VVE","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n A number of neighbours within our VVE want to build a private roof terrace on the common roof. What is legally best: request a change in the deed of division or record agreements about this by means of a chain clause? Advice please!\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThe VvE can arrange this best and most cheaply by recording a chain clause that the owner in question may use the roof as a roof terrace and that the costs of maintaining that part of the roof are for the account of this owner. Of course, it is the meeting of the VvE that must grant permission for this.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nWhether this is possible depends on a number of factors, such as what has been agreed in the articles of association, purchase agreements and deeds of division, but also the existing situation. In any case, it must be submitted to the VvE meetings and a vote must be taken, and then the number of votes is decisive. If one does not agree, it is possible to try to enforce it through the court. However, this does not provide any certainty. My advice is therefore to enter into discussions with a lawyer\/mediator and discuss the possibilities. If you would like further help and\/or advice, please feel free to contact me.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nA roof terrace is not a problem; a problem does arise if the right of use becomes exclusive (i.e.: to the exclusion of others). Reason: the roof is common and may therefore not be added to the private part of certain owners via a legal construction. If that is the intention, an amendment to the deed of division is necessary\n\n A chain clause only makes the problem worse, because it means that exclusive use in principle remains valid forever.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThe above answers from colleagues are not correct. There is sufficient case law that determines that the installation of a private roof terrace on the common roof does not require an amendment of the deed of division, because it does not concern a change in property law. However, it is important to record the agreements on the permitted use for subsequent owners, so that no misunderstandings arise in this regard and a subsequent owner is obliged to remove the roof terrace again, because permission would be lacking with all the associated costs.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55017266381149,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-46099-een-aantal-buren-binnen-onze-vve-willen-een-prive-dakterras-aanleggen-op-het-gemeenschappelijk-dak","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}