Roof terrace and homeowners' association: Who pays for the damage?

Questioner

Hello, Unfortunately I have to write my question in English. I hope you would still answer it either in Dutch or English. I live on the top floor of an apartment. The adjacent building has a separate VvE and it contains an additional floor which is a penthouse with a roof terrace. This roof terrace extends towards our apartment, ie it is above our roof bitumen covering. Both buildings were built in the 80s as a single building, then split into two separate homeowners' associations. Unfortunately the splitting deeds do not say anything specific about the ownership of the roof under the roof terrace. And now, there is leakage on my apartment, under the roof terrace. Our VvE and the VvE of the adjacent building are discussing who should pay for the repairs. Our VvE is pushing for a 'horizontal access' such that the roof under the roof terrace also belongs to the adjacent building and they become responsible for the repairs. However, I think this is not reasonable and it would make more sense if our VvE owns the roof while dakterras is owned by the adjacent VvE. Can you please advise what is the common ruling in such situations? I have two questions specifically: 1- Who is typically the owner of the roof under a roof terrace? Is it the VvE who owns the rest of the roof or is it the owner of the roof terrace? 2- Who pays for the repairs of the roof bitumen layers under a roof terrace? The roof is almost 30 years old and was never replaced. However, roof inspection companies who visited the apartment indicated that our roof is in good situation. Thank you very much.

Lawyer

If the roof terrace covers two building the two VVE,s are both owners due to the right of mandeligheid. They must repair and pay the costs for replacement by half.

Questioner

Roof terrace can be accessed only by the penthouse, which is part of the adjacent VvE. Repair activities contain two sub-parts: 1-Renewal of roof terrace surface (majority of costs) 2-Renewal of bitumen roof layers underlying the roof terrace. Do you mean the entire repair costs to be half/half? Or, do you mean 1st part to be covered by the owner of the roof terrace (ie adjacent VvE) and 2nd part to be shared between the two VvEs?

Questioner

Roof terrace can be accessed only by the penthouse, which is part of the adjacent VvE. Repair activities contain two sub-parts: 1-Renewal of roof terrace surface (majority of costs) 2-Renewal of bitumen roof layers underlying the roof terrace. Do you mean the entire repair costs to be half/half? Or, do you mean 1st part to be covered by the owner of the roof terrace (ie adjacent VvE) and 2nd part to be shared between the two VvEs?

Lawyer

If the roof terrace lays above these two different ownerships and is used equally by them then there is mandeligheid and they are obliged to pay for damage or repairs or renewal by half unless they have a written note saying otherwise. The owner of the roof terrace are the two homeowners' associations