Who owns the roof? – Part 2

DAVID SEARL: Is it possible for you to make such a document? Photo: Shutterstock


I am the President of a community with 23 apartments. The units include penthouses (“aticos”) on roof terraces, normal flats with small terraces, and one, on the roof over the garage, has a small garden. We have had rainwater leakages from the roof terraces, damaging several flats. The owner of the flat over the garage has placed a small hut in the garden area with a washing machine inside. He has drilled a hole through the garage roof for his piping. All this was done without any permission from the community. There is endless discussion among the owners about who owns the terrace areas. We need a document based on facts. Is it possible for you to make such a document?

K.B. (Costa Blanca)


You already have this document. It is called your Titulo Constitutivo and it is the original charter of your Community of Property Owners. By the terms of Article 5 of the Law of Horizontal Property, this charter sets out all the information you want for each property. Ask your administrator to give you a copy. Remember that terraces, gardens and anything outside the building walls is the responsibility of the community.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.


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