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What is needed to build a roof in an apartment?

In apartment buildings, the roof is one of the common areas of all apartment owners, and not only independent partitions located on the top floor. Therefore, during the construction, renovation or repair of the roof, it is necessary to take into account both the provisions of the Law on Condominium (KMK) and the approved architectural project of the

building.

In particular, the repair of the existing roof should not be considered in the same way as the construction of a new roof that was not present in the building before.

Is the roof a common area?

Yeah.

In Article 4 of the Condominium Code, roofs, chimneys, public dam terraces and rain gutters are counted among the common places.

Therefore, there is no question of a floor owner replacing or rebuilding the roof on his own. According to the nature of the transaction to be carried out, the decision of the board of owners of the floors and the necessary administrative processes must be taken into account.

Repairing the existing roof

If there is water leakage, insulation problem or damage caused over time on the roof, the operation to be carried out can be evaluated according to its nature within the scope of maintenance and repair of the common area.

In this case, it is important, first of all, to determine the current state of the roof and the scope of the work to be carried out, then to make the necessary decisions in the board of owners of the premises.

However, it must also be evaluated whether the application to be carried out constitutes a structure or modification different from the existing architectural project.

What should be done if there is no roof in the building?

If the approved architectural project of the building does not have a roof, but it is desirable to build a roof afterwards, the issue should not be treated only as a maintenance or repair process.

First of all, the approved architectural project of the building should be examined and it should be determined whether the roof, which is planned to be built, is suitable for the project.

If the construction of

a new roof requires a change in the architectural project or the creation of a new structure in the common area, it may not be enough to decide only within the apartment building. Necessary project and municipal transactions may also need to be completed

That is why it is important to determine the technical and legal nature of the transaction to be carried out before starting to apply it.

Do Floor Owners Need a Decree to Build a Roof?

Since the roof is common space, the board of floor owners needs to be involved in the process when it comes to building, renovating or replacing the roof.

However, the maintenance and repair of the existing roof and the construction of a new roof that is not included in the architectural project are not covered by the same legal scope.

Especially when it comes to creating a new structure in the common area or making changes to the approved architectural project, the relevant provisions of the KMK and the zoning legislation should be considered together.

Therefore, instead of making a general assessment in the form of “the same majority of decisions is required for each roofing operation”, it is necessary to determine the necessary decisions and permissions according to the nature of the transaction to be carried out.

Who Pays the Roofing Costs?

Since the roof is common space, expenses related to the roof, as a rule, concern all floor owners.

In accordance with Article 20 of the KMK, it is essential that the floor owners participate in the maintenance, protection and repair expenses of common premises at the rate of land shares of floor owners.

It should also be checked separately whether there is a different regulation in the management plan or law.

For this reason, as a rule, it is not correct to load the entire roof expenses only on the floor owners located on the top floor.

Regular recording of information is also important for apartment management, such as what decision is made on common space expenses such as the roof , how much is spent and how the expenses are distributed.

Biyos helps to keep track of decision and expense processes through a single system, allowing managers to carry out this process more regularly

What should be considered before building a roof?

Before starting the construction or renovation of the roof, it is useful for the management of the apartment to check:

The approved architectural project of the building must be examined,
It must be determined whether the operation to be performed is maintenance and repair or a new application that modifies the project,
The necessary decision must be taken in the board of owners of the floors,
If necessary, information should be obtained from the municipality about the project, license and other administrative acts,
The technical scope and cost of the work to be performed must be determined,
It should be clarified how expenses will be shared in line with land shares,
Decisions made and expenses incurred must be recorded.

What is the most important point in roof construction?

Since the roof is a common area, the construction or renovation of a roof is not a process that can be started only by agreeing with a master.

First of all, the approved architectural project must be checked, the nature of the operation to be carried out must be determined and, accordingly, the necessary administrative processes must be carried out with the floor owners board.

It is important to familiarize yourself with the necessary projects and permits before starting work, especially if it is planned to retrofit a roof that was not previously in the building or the implementation of a roof different from the current one.

Regular recording of decisions, expenses and transactions made in apartment management also helps to progress the management process in a healthy way. Biyos facilitates the work of managers by helping to keep track of management processes and financial transactions in an orderly manner.

Conclusion

For managers who want to build or renovate a roof in an apartment building, the first step is to check the approved architectural project of the building and the nature of the operation to be performed.

Maintenance and repair of the existing roof and the construction of a new roof that is not included in the project may require different assessments. Therefore, the decision of the board of owners of the floors should not begin to be implemented before the project and the necessary administrative actions have been completed

In the case of roofing expenses, it is necessary to take into account the land share basis provided for in article 20 of the KMK.

Note: The decision and permit process to be implemented in roof construction may vary depending on the current project of the building and the nature of the application to be carried out. It is necessary to carry out the necessary technical and legal assessments in terms of the concrete case separately.

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