Object to a roof terrace? Discover your rights!

Questioner

I bought a house on the ground floor with an extension. Now the previous owner was also the owner of the apartment on the 1st floor and applied for a permit for the construction of a roof terrace on our extension before the sale. He now wants to build a terrace over the entire length and width of the extension. Can I still object to this? After all, the extension was in his possession when the permit was applied for, but I am not really looking forward to a terrace on my ceiling under which the bedroom is located. What are my rights now that this is my property?

Lawyer

Since the roof terrace will be constructed on your extension and it is an apartment building, in addition to the permit from the municipality, your permission (as co-owner) of the apartment building is also required if the extension (and therefore also the roof) is part of the apartment building. If there are other owners, they must also give their permission. If the meeting of owners has already taken a decision on the construction of the roof terrace, you may still be able to challenge this. If no decision has been taken yet, this must still be done. Without the permission of the (co-)owners, your upstairs neighbor is not authorized to construct the roof terrace. 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 to discuss what I can do for you in this matter.