Building an extra floor above a shared roof: whose consent is needed?

Owning the top-floor apartment does not automatically confer the right to add another floor above a shared roof. The real right, affected owners’ consents and construction feasibility must all be addressed.

Rights in the land and building

Article 183(2) of the Spatial Development Act requires a notarial agreement establishing the right to add floors with the regulated plot’s owner, together with notarised consent from all condominium owners. State or municipal ownership brings special rules on form and procedure.

An already established right to add floors may change the position. Examine its scope, holder and conditions rather than inferring it from ownership of an attic. The common roof and necessary structural elements do not become private merely because they sit directly above one apartment.

Meeting minutes do not replace a conveyance

A collective resolution supporting the project is not equivalent to the necessary notarial agreement or every individual consent. Incorporation of common parts also requires review of Article 185’s specific conditions.

Technical feasibility

Structural capacity, permitted height, access, installations and protective regimes should be investigated before paying for the future unit. Even unanimous agreement does not oblige the authority to approve construction contrary to the plan or applicable standards.