Apply for a roof terrace permit? Get free advice!

Questioner

In 2004 we bought a beautiful apartment with a roof terrace. Our roof terrace is adjacent to the roof terrace of the neighbours. Last summer the apartment of the neighbours was sold. The buyers asked the sellers for the roof terrace permit. This turned out not to be available. So for both apartments we do not have a permit for the roof terrace, but of course we want one! In the division deed (approved by the mayor and aldermen in 2002), the roof terraces are mentioned, both in text and on the drawing. Is there a statute of limitations for a roof terrace? Or is it wise to take steps to legalize the roof terrace (at the risk of waking sleeping dogs)? Thanks in advance for your help!

Lawyer

There is no limitation period and applying for a permit after all carries a risk, especially if the terrace conflicts with the zoning plan, for example. If you have any questions, you can contact me directly.

Lawyer

Prescription is not relevant in this case. The question is whether it is permitted to have a roof terrace. According to the deed of division, this is the case. Under public law, this may not be the case, because the permit for this is missing. My question is what the mayor and aldermen approved in 2002 with regard to the division. If it concerned an existing building, the application for the division will have been assessed. If it concerned new construction, the building permit at the time will also have covered the installation of a roof terrace. In my opinion, by granting the building permit, the municipality also agreed to the realisation of the roof terraces. However, the fact remains that the municipality has never taken action against the terraces in recent years, so that on the one hand the question arises whether the situation is illegal. On the other hand, it can be maintained that the municipality has apparently tolerated the situation by sitting still for all those years. If you have any questions or would like legal assistance in this matter, please feel free to contact me without obligation and free of charge.