Property TypesRooftop
Synonyms: Roof، Roof Terrace، Roof Deck
Last updated: 2026-09-25
Short Definition
A rooftop is the open top part of a building above the highest floor, used for water tanks, air-conditioning units and antennas.
Overview
A rooftop is the open top part of a building above the highest floor, used for water tanks, air-conditioning units and antennas. Depending on what the building permit and municipal requirements allow, it may be used as a shared facility, a rooftop annex, a garden, a restaurant, or a site for telecom masts or solar panels.
In Saudi Arabia, using a roof raises two questions: ownership and permits. As to ownership, if a building has a single owner, the roof belongs to that owner and is not part of any flat's lease unless the contract says so. In a separately titled jointly owned building, the roof is usually a common part, since the Law of Ownership, Partition and Management of Real Estate Units defines common parts as those intended for common use or whose nature requires joint ownership, unless the roof is allocated to a particular unit in the partition or the bylaws. No owner may use common parts other than for their designated purpose or harm the structure. As to permits, any construction or activity on the roof is subject to the building permit, municipal requirements, safety requirements and structural load limits.
In practice, a roof can generate extra income, for example by leasing part of it to telecom companies for masts or to a restaurant operator in commercial buildings. In a jointly owned property, returns from investing common parts are among the owners' association's resources and reduce owners' contributions. The contract should set out loads, service connections and responsibility for waterproofing and for leaks into the floors below, which are the most common rooftop problems.
⚖️ Legal Basis
Article 1 of the Law of Ownership, Partition and Management of Real Estate Units issued by Royal Decree No. (M/85) dated 2/7/1441H defines common parts as those intended for common use or whose nature requires joint ownership; Article 9 prohibits harming the structure or using common parts other than for their designated purpose; Article 14 makes the owners' association the owners' representative in dealings with common parts; and Article 24 counts returns from investing investable common parts among the association's resources. In a leased building, the Civil Transactions Law requires the tenant to use the premises within the agreed purpose. Any construction on the roof requires a building permit through the Balady platform.
💡 Practical Example
A separately titled building in Riyadh with 16 flats has a registered owners' association and an annual budget of SAR 96,000. A telecom tower company offers to lease part of the roof for SAR 36,000 a year for 10 years. The association puts the offer to the general assembly, which approves it on condition of a structural load report, an undertaking to repair any leak at the company's expense and restoration of the roof when the lease ends. The rent counts as association income because it is a return on a common part, covering 37.5% of the budget (36,000 ÷ 96,000), and owners' contributions fall by the same proportion.
⚠️ Common Mistakes
- ✗The top-floor owner taking over or building on the roof of a jointly owned property without formal allocation or owners' association approval.
- ✗Leasing the roof for telecom masts or a restaurant without a structural load study and permits from the competent authorities.
- ✗Omitting waterproofing and leak liability clauses in roof-use contracts, leaving owners with damage to the floors below.
- ✗A top-floor tenant assuming the roof is included in their lease without a contract clause.
- ✗An owner or manager keeping the income from leasing a shared roof, although returns from common parts belong to the owners' association.
🌍 International Differences
In most strata systems the roof is a common part unless allocated to a specific unit. In the UAE this is set out in the building's owners' rules; in Turkey the roof is a common part under the Condominium Law unless agreed otherwise; and in major European cities roofs are used for gardens and solar energy. The common thread is that using a roof requires an owners' decision and a permit from the competent authority.
FAQs
Who owns the roof in a separately titled building?▾
The roof is usually a common part owned by all unit owners, unless it is allocated to a particular unit in the partition or the owners' association bylaws. The top-floor owner may not appropriate it without a legal basis.
Can a roof be leased to a telecom company?▾
Yes, if the building owner, or the owners' association in a jointly owned property, agrees and a load study and the necessary permits are in place. In a jointly owned property, the rent is part of the association's resources.
Is the roof included in the lease of the top-floor flat?▾
Only if the lease says so, because the tenant must use the premises within the agreed purpose. Any right to use the roof should therefore be stated expressly in the contract.
Does building on the roof require a permit?▾
Yes. Any structure or annex on the roof is subject to the building permit, municipal requirements, safety requirements and structural load limits; the owners' agreement alone is not enough.
Who pays to fix roof leaks?▾
In a single-owner building, the owner bears necessary repairs unless otherwise agreed. In a jointly owned property, maintenance of common parts is paid from the owners' association budget, and whoever caused the damage, such as a roof user, must compensate it.