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Publication date: 21.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
In modern life, more and more people seek to use additional spaces in their homes to create comfortable recreation areas. One of these solutions is arranging a terrace on the roof of an apartment building. However, this process has many legal aspects that require detailed consideration. In particular, the question arises: is the consent of other co-owners of the house required for arranging such a terrace?
Legal basis
Arrangement of a terrace on the roof of an apartment building is regulated by several legal regulations, in particular:
Civil Code of Ukraine (CCU)
The Law of Ukraine "On the Peculiarities of Exercising the Right of Ownership in an Apartment Building"
Building norms and rules (DBN)
The Civil Code of Ukraine
According to the Civil Code, the roof of an apartment building is the common property of all co-owners of the building (Article 382 of the Civil Code). Accordingly, any change in use or reconstruction of the roof requires the consent of all co-owners.
Building norms and rules (DBN)
DBN regulate the technical aspects of arrangement of terraces on roofs. They include requirements for safety, strength of structures and other technical aspects that must be taken into account when carrying out work.
Is the consent of other co-owners required?
On the basis of the specified norms, the consent of the co-owners of the house must be obtained for the arrangement of the terrace on the roof. This is due to the fact that the roof is common property, and any changes in its use may affect the interests of all co-owners.There are several key aspects to consider:
Written consent: For the legal purity of the process, it is necessary to obtain the written consent of the co-owners, which confirms their consent to carry out work on the arrangement of the terrace.
Meetings of co-owners: The optimal way is to hold a general meeting of co-owners, at which a decision will be made regarding the arrangement of the terrace. The minutes of the meeting must be drawn up in accordance with the requirements of the law.
Court decision: If it is not possible to obtain the consent of the co-owners, it is possible to appeal to the court to resolve the issue. However, this may take considerable time and require additional costs.
Contacting a lawyer or a lawyer's consultation is an important step to avoid legal problems in the process of arranging a roof terrace.
A lawyer will help:
1. Conduct a legal analysis of the situation: Assess legal risks and opportunities for co-owners' consent.
Check the documents: The lawyer will check the documents confirming the ownership of housing and common property, as well as the analysis of documents regarding the previous decisions of the meetings of co-owners.
2. Provide written advice: Written advice from a lawyer will help you get a clear understanding of the legal aspects and recommendations for further action.
Consent procedure
The procedure for obtaining co-owners' consent includes several stages:
1. Preparatory stage: At this stage, it is necessary to collect all the necessary documents, conduct preliminary consultations with a lawyer or lawyer, prepare a draft decision of the meeting of co-owners.
2. Holding meetings: Meetings of co-owners must be held in accordance with the requirements of the law.The presence or written consent of at least two-thirds of the co-owners must be ensured.
3. Drafting of the minutes: The minutes of the meeting of co-owners must be drawn up in accordance with the requirements of the law, signed by the chairman and the secretary of the meeting, and kept in the prescribed manner.
Submission of documents to the relevant authorities: After obtaining the consent of the co-owners, it is necessary to submit documents to the relevant authorities for obtaining permits for construction work.
Conclusion
Arrangement of a terrace on the roof of an apartment building is a complex process that requires the consent of co-owners and compliance with many legal regulations. Consultation of a lawyer or lawyer, legal analysis of the situation, analysis of documents and written advice are key stages of this process. It is important to ensure that all documents are completed correctly and all procedures are followed to avoid possible legal problems in the future.
