The legal status of attic spaces in a building

What can be done with attic space in a building with three or more co-owners, and by what procedure?

Disagreements over which parts of a building are common led to an interpretative ruling by the supreme court as far back as 1983. The ruling has retained its legal force.

According to the ruling, roof space in a condominium building that has not been developed as a dwelling, studio, room for creative work, attic storage room or other independent unit is a common part of the building. Each co-owner therefore holds an undivided share in it. Where the space lacks the height, floor area and volume necessary for independent units, cannot be reached by a regular staircase and serves only to insulate the top floor slab from the roof and provide access for roof repairs, it is common by its very nature. It cannot be converted and divided among the unit owners.

If, however, the roof space has sufficient height, area and volume for storage rooms, rooms for creative work or even independent units such as studios, if passageways can be set aside and there is access by a regular staircase, the attic should be regarded as common by designation. Separate units can be formed in it and transferred into the possession and ownership of different persons; in other words, they may be disposed of. The change can be made with the unanimous consent of all the unit owners, given expressly, in writing or orally, or tacitly. An agreement for voluntary partition is also possible, but not judicial partition. In all cases the undivided shares in the common parts of the building must be reallocated so that the newly formed units are attached to the existing independent units.

In addition to this interpretative decision, there is extensive case law at different levels of the courts concerning condominiums and the subdivision and sale of attic space. If you need advice on such a matter, consult a lawyer with relevant experience so that your rights and legitimate interests can be fully and effectively protected.

This article is not a legal opinion or advice about a particular situation or person. The author makes no claim to cover exhaustively the common parts of buildings, the application of the Condominium Ownership Management Act or related matters. For legal assistance with a similar case, consult a lawyer.