A roof terrace, divided into zones

Practical application:

Under this case law, the terrace remains a common part of the co-ownership, even if they have exclusive use. Any permanent structure requires authorisation from the general meeting of co-owners. Before installing anything, they must check the co-ownership regulations and obtain formal approval. Unauthorised work could lead to a court order to dismantle it and pay damages, potentially costing over €10,000.

Practical application:

This case law confirms that the right of exclusive use does not confer ownership, and erecting a structure without the general meeting’s authorisation is illegal. Jean must either remove the shed immediately or request retroactive approval at the next general meeting, though authorisation is not guaranteed. If the co-owners refuse, he will be compelled to dismantle it and could be liable for legal costs and a share of any common area restoration expenses.

Practical application:

Even though the tenant offers to pay, the terrace is a common part, and any permanent installation requires authorisation from the co-owners’ general meeting. Marie cannot unilaterally grant permission without risking legal action from the syndic or other co-owners. She should refuse the request in writing, explain the co-ownership rules, and suggest portable alternatives that do not require fixing to the structure or altering waterproofing.