Apartment roof

[Chrisartemis]

We’ve just arrived at our apartment which has a ground and first floor we own the first floor and our new neighbors own the ground floor.On arriving we noticed our neighbors had installed 4 new solar panels and water tanks on our roof which we have maintained since it was built.Do our neighbors have the right to install and drill into our roof without our permission.You cannot move on the roof now it is so crowded.Any help would be grateful

[ApusApus]

Definitely no! Do as Flossie says …


Shane

[smudger]

Check your title deeds if you have them, that document should specify the legal requirements with regard to the roof. If you dont yet have that then check your purchase contract, it may outline the legalities regarding the roof.

It will be specified somewhere, and if you don't have the relevant document then hot foot it to your, or a GOOD lawyer urgently. Request to see the relevant documents which clarify the access to the roofspace, without doubt what they have done is illegal. The least that should have happened was them asking for your permission to place their items on the roof. The roof constitutes part of YOUR property, so even if it is deemed shared space and ownership, which is possible, it's not allowable for them to place these things on the roof without your agreement.

Don't delay, leaving this could be seen as your tacit consent. Get legal advice urgently. Much luck and please let us know the outcome.

[Steve - SJD]

Would need to know more details but as far as I am aware the roof area of a block of apartments forms part of the communal area unless stated otherwise in your sales contract. They would also therefore be responsible for any maintenance costs.

Obviously it is not a good way of doing things and as a matter of courtesy they should have contacted you but not sure that it is illegal.

Cheers

Steve

[trevnhil]

Like Steve I do not believe that placing their water tanks and solar panels on the roof would be illegal..
It should be in the documentation, but where else would they put the panels and tank ?

[ApusApus]

If the roof is deemed part of the communal area then it will be governed by the Jointly Owned Buildings Law (The Immoveable Property Law of 1993) and somewhere in there it does state that Owners or Occupiers cannot place anything on the roof without the permission of the Management Committee!


Shane

[cyprusmax47]

Exactly Apus Apus however 4 solar panels seems rather excessive!!!

The newest technology for domestic water heating, solely imported from Germany by Green Air, containing 4-5 photo-voltaic modules, instead of the standard thermosyphon units which are normally 2 panels. Instead drilling into the roof there are also other options like shown in the photo...and the cylinder is somewhere in the house.



Max

[cyprusmax47]

Nice advert there Max hard pushed to put that contraption on my Apartment block roof and I suspect the tank would take up half my kitchen space!

Well, I don't know how small your kitchen is but depending how much hot water you want to store here a photo of an 150 l boiler. Concerning the solar modules on the roof: for a 150 l boiler you need only 3 modules which are 3 m wide in total....



Max

[Steve - SJD]

If the roof is deemed part of the communal area then it will be governed by the Jointly Owned Buildings Law (The Immoveable Property Law of 1993) and somewhere in there it does state that Owners or Occupiers cannot place anything on the roof without the permission of the Management Committee!

The law is quite vague from what I recall and it mentions air con units & tents but doesn't specifically mention water tanks I don't believe.

It also mentions changing the appearance of the building must be cleared through the Management Committee but we don't know what is visible in this instance and also it may be deemed a standard part of the building.

Going down the road of using the Jointly Owned Buildings Law could be frought with issues unless everything else within the law is complied with.

Whilst I agree with everyone that the owner has gone about it the wrong way and I wouldn't be happy I think we need more info.

I re-read the OP and am still not sure whether it meant that 4 new solar panels and 4 tanks were added or one new tank and four panels??
Does the property have TD's?

Cheers

Steve

[smudger]

I stand by my comments, without any agreed permissions -which were clear from the opening post - this is an illegal installation.

I'm not saying that they could not install these items, but that they need PRIOR agreement and authority from the other occupiers of the building, which certainly does not appear to have been sought.

[Jimgward]

If both properties would be responsible for the maintenance of the roof, then both would have joint ownership. That still doesnt excuse not asking and not checking permissions.

[ApusApus]

Chrisartemis, if you contact Nigel Howarth at Cyprus Property Buyers he will give you a definitive answer? You can use the following link http://cyprus-property-buyers.com/intro/contact.htm and I have found him very helpful in the past!


Shane

[smudger]

No one can give a definitive answer without knowing the details of the contract of sale, title deeds or complex management agreement. Any or all of these documents would require permission/agreement to allow these installations on the roof. This has clearly been neither sought nor granted!!

A good lawyer is the only answer, and is urgent! The longer these installations sit there with no redress from the owner of the upper apartment, the more leeway the lower apartment will feel they have. And this is the case their lawyer will make in court!

[Lofos-Jan]

If you have a management committee, it's in contravention of 8 (n) of the Immovable Properly Law for jointly owned buildings without the prior consent of the committee.

8 No owner or occupier shall, without the prior consent of the Management Committee and in contravention of the provisions of any relevant Law (or) Regulations – 

(n)  erect, expose, place or post up, or permit the erection, exposure, placing or posting up outside his unit or on any external part of the jointly-owned building or any part of the jointly-owned property, a radio or television antenna or a wire or pole or any other apparatus or object;

Jeanne

[Steve - SJD]

I'd be interested to know:

1) Whether there were any tanks belonging to the downstairs owner prior to these i.e. were these replacements
2) Whether it is 4 panels & a tank or 4 panels & 4 tanks
3) Whether you have your TD's
4) Whether the building is just apartment below apartment above then roof covering both or something else
5) Whether your sales contract mentions the roof

It has undertandably come as a shock to the OP and as mentioned previously the other owner certainly hasn't gone about it the right way but getting the above info will help.

Cheers

Steve

[smudger]

Hhhmm, etsi ketsi Lloyd, think it might depend if the other occupiers are Cypriot or not! If they are, then I agree, it may well drag on for years, otherwise it could be in and out of court, bish bash bosh!! At the end if the day, it's all down to the agreements in place, or not as the case may be. I find it hard to believe that there are no governing legalities regarding the use of the roof in place. In which case it's a simple matter of referring to the legal documents. And possibly engaging a lawyer from Limassol or even Nicosia.
I know land registry and the title deeds office in the legal building down from the courts have been exceedingly helpful to us in sorting out our complex in the takeover, including the plethora of licences and permits our developer should have applied for! He didn't, but it never stopped him charging us all for them!
So this unfortunate couple are going to principally be on their own in resolving this mess, but there are still some good lawyers around, but perhaps not in Paphos.

[Steve - SJD]

I think what this thread highlights the most is the urgent need for the Immovable Property Law for jointly owned buildings to be reviewed and revised given that it is so out of date.

Cheers

Steve

[smudger]

You may well be right Steve.

[mike strand2]

In my view, as the ex Chairman of a Management committee, the owner is required to seek permission from the Committee and also the Municipal Planning Dept.

[Chrisartemis]

Apologies for not coming back sooner but I’ve had no internet till today as someone has stolen our WiFi antenna(new one now fitted )Thank you to everyone who has posted regarding this problem.We have a good rapport with our neighbors(Who are Russian)and don’t want to fall out with them but we are a little upset at how they went about it.We have emailed them as they are now home in Russia and told them about our concerns.