Legal risks with roof construction VvE

Questioner

Two questions: 1- the VvE will contribute to the roof of the soon to be completed roof extension of our neighbors, so that the roof remains common property. We may want to install solar panels later with the VvE, but the neighbors of the roof extension want to mortgage their roof for solar panels. from this the question follows: 2-Will the roof of the soon to be completed roof extension of our neighbours remain the 'property' of the VvE? Our VvE has 6 owners.

Lawyer

Before the roof extension is realised, an adjustment of the deed of division must take place. The VvE must decide in advance whether permission is granted for the roof extension and whether the VvE wishes to contribute to this. If the VvE is going to contribute to the roof structure, it is obvious to include in the deed of amendment of the division that at least the structural part and the exterior are common. I assume that by 'pledging' the roof you mean that a building right must be established on the roof for the benefit of the owner of the solar panels. This is only possible if the roof is part of a private section. There are 2 options: 1) in the deed of amendment of the division, the roof is added to the private section of the neighbours with the restriction that this may only be used for the installation of solar panels. In that case, it is wise to stipulate that all water-repellent facilities remain common. 2) the roof can be assigned its own index number with the same restriction. Even if the VvE does not wish to contribute to the costs of realising the extension, the deed of division must be amended and a provision must be included for the costs of maintaining the extension and the roof. If the division is not changed, the 6 owners of the building are the legal owners of the roof extension (by accession), the economic ownership lies with the owner(s) who paid for the roof extension. This will lead to problems within the VvE in the future with regard to maintenance costs and possible insurance payments, in addition, the neighbor will experience problems when selling the house if the roof extension is not on the division drawing. Without adjusting the division deed, it will also not be possible to establish a building right.