Does a roof terrace belong to private or communal property?

  • Erstellt am 2020-11-18 18:48:37

fraubauer

2020-11-18 18:48:37
  • #1
Good day. If a roof terrace of a condominium has defects, does it then belong to the special or common property? If this roof terrace at the same time is the ceiling of the apartment below, what is then what? Roof terrace? Ceiling of the apartment below? Special? Common property? Usually a normal ceiling is special property. But in this combination case roof terrace at the same time ceiling of the apartment below? Could someone clarify this for me? That would be very kind. Thank you very much.
 

fach1werk

2020-11-18 20:29:10
  • #2
Look at the declaration of division. At least the coverings and seals I often see as the responsibility of the individual owner (maintenance obligation). Otherwise, ask the administrator. I don't know any woman who writes like that, has nothing to do with being a retiree :) Many greetings Gabriele
 

fraubauer

2020-11-19 09:16:42
  • #3


Good day Mrs. Gabriele.
How do I write untypically?
Never mind.
Thank you very much for your information.
But unfortunately, there is nothing about it in the DO.
The HV also has no documents or knowledge here.
Is the HV entitled to request all documents about the construction from the BT?
My neighbor is now of course also worried about his roof terrace regarding consequential damages.
Many thanks
Best regards
 

Nice-Nofret

2020-11-19 10:07:31
  • #4
The exterior skin of the building belongs to the common area with special use for you; unless explicitly regulated otherwise.
 

nordanney

2020-11-19 10:47:11
  • #5
Correct. However, the flooring can be individually owned (if listed in the declaration of division).
 

fraubauer

2020-11-19 13:40:54
  • #6
Thank you very much. Do I understand this correctly? Ceilings and wall plaster/paint are my individual property. The load-bearing wall and the concrete ceiling are common property. The tiles of the roof terrace are individual property and everything underneath (the structure of the roof terrace) is common property. Because the roof terrace is part of the exterior shell. This is my first time dealing with such matters. Thank you.
 

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