Apartment roof area

Legal Legal - Real Estate & Housing
1

Some apartments I am looking to buy have a roofed area, either as a private portion of the roof, or via a common stairway.

For the common stairway scenario, are all residents responsible for upkeep of the roof, and all have equal rights to it?

Would the person who has access to the roof be the person responsible for any leaks, etc.? In a shared building, if the roof leaks, who pays for the repair? What sort of joy typically awaits those pursuing those responsible for repair costs?

I see that rooftop modifications are not uncommon here in Taiwan - things like a garden, greenhouse, storage shed, spare room, shrine, etc.

What sort of modifications are permissible, and how does it change if roof access is owned by a few parties?

Who is in charge of approving such modifications?

For older buildings without a lift, would an external powered winch (either for goods, or even people) ever be approved?

In terms of the invested money vs. increase in value of the property from doing a rooftop modification, what is the best one to do? A roofed-off utility area?

Thanks for any insight.

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2

I am told that the roof area usually “belongs” to the resident who lives on the top floor, while the qilou (arcade) area “belongs” to the resident of the street-level floor.

Although I don’t think any of this is legally binding in their rental contracts or deeds. Legally speaking, those are probably shared spaces in most buildings.

But the law means very little in Taiwan.

3

I would ask each house, as its hard to say such as two homes in a bulding it maybe simple agreement, if more homes maybe they use real mgmt. My house I only fix the roof for a leak, or sun blocks so I can sit to see the sea (ha Harbour or hills) for personal comfort, and not to increase the value (I think prices have peaked, so happy to what I paid haha)

4

Note it’s no longer possible to make any structural alterations to a roof top. Those days are long gone. You can maybe get away with a mobile shade structure.

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5

Oh, I didn’t know that.

If a property is bought with a pre-existing roof top structure, is it possible that the new buyer may be asked to remove it?

How strictly does enforcement of this vary from municipality to municipality?

6

If it’s a bigger community they take care of it. Every so many years a new coating is applied where I live and everything is taken care off. It’s a common area that everyone can enter.

7

You can’t do any major renovations since any rooftop add-ons are illegal, but the law grandfathers existing add-ons as long as you don’t renovate. You can probably get away with minor renovations on the inside. The city government has satellite pictures of the rooftop of all buildings, so if you revamp the roof, they will be able to tell and will likely tear it down. Also, nosy neighbors who are jealous of your living space on the roof may check on you if they hear construction noise and report you to the authorities.

8

I think all structures built pre 1993 are now considered legal.

9

You are told wrong. It does not belong to the resident below. It is public access space.

10

Hence the quotation marks.

11

Its very easy. Sometimes people will lock the door to the rooftop claiming that area belongs to them. Call the local fire department. . Stairwells are emergency exits to the rooftop. If one is locked the fire department will come cut off the lock and fine the people who put the lock on. Easy to find them as they always live below the rooftop.

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