The owners of a condominium top-floor apartment, in which the condominium bylaws set that the roof area is attached to the apartment, contended that all building rights on the roof under the new urban building plan belong to them and not to all apartment owners.
The Court held that the building rights do not belong to the top apartments but to all apartment owners. As long as the bylaws of a condominium do not explicitly stipulate linkage of the building rights to any of the apartments, the building rights are jointly held by all tenants, even if there is linkage of the roof area itself to any of the apartments. Even if an urban building plan specifies the ability to build on the roof only, unless explicitly stated in it that it creates new property rights, it only defines the technical possibilities of technical construction.