Buying a property with a roof terrace
Waterproofing, access, load and status: what sets a roof terrace apart from an ordinary terrace, and what to check before an offer.
At a glance
A roof terrace is a terrace built on the roof of the building. It raises the questions of a terrace and two more: the waterproofing, which protects the flats below, and the right to use it, because a roof is most often common property. The co-ownership rules must say who has access and who pays for upkeep.
What the law says
Roof and status. The roof is part of the building's structure. A roof terrace for private use is generally common property that one lot has the exclusive right to use. The ANIL notes that the co-ownership rules set the status of such spaces and how their upkeep is shared.
Surface. It is not in the private surface of article 46 of the law of 10 July 1965, which counts enclosed, roofed rooms only. Listings give the roof terrace's size separately.
Fitting out. Adding planters, cladding, a pergola or a spa loads the slab and alters the facade or the roof. Check the permitted load, get the general meeting's approval when the work touches common parts, and respect the local urban plan, which often limits the height and look of rooftop structures.
Raising the building. Adding a floor or converting the top level falls under specific rules of the 1965 law and of planning law. Do not count on an extension before reading the rules and the local urban plan.
Checks before an offer
- The roof terrace's status and the exclusive right of use in the co-ownership rules.
- Waterproofing: date, contractor, ten-year guarantee still running, works voted or planned. A leak affects the neighbours below.
- Access: from inside the lot, by a shared stair, by lift. Access through common parts can create a right of way.
- The permitted load of the slab for furniture, planters, a spa or a pool.
- The railing: height, condition, compliance.
- Insurance: premium for a lot with a roof terrace, cover for leaks.
- The view and overlooking, checked on site, and the risk that a neighbouring building blocks the view.
Where to find a roof terrace
The roof terraces in the selection are in Paris, in the 16th and the 7th, and in the south, in Marseille and Le Lavandou, on the Provence-Alpes-Côte d’Azur page.
Properties for sale with a roof terrace
414 m² mansion with 90 m² garden, 85 m² rooftop and pool, Victor Hugo
70 m² 4-room top-floor flat with rooftop and Eiffel Tower view, École-Militaire
133 m² rooftop duplex with sea view, Montredon, Marseille 8th
680 m² duplex penthouse with rooftop infinity pool, Victor Hugo
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Frequently asked questions
Does the top-floor owner own the roof terrace?
Not necessarily. The roof is a common part of the building. The top floor may have the exclusive right to use it, or own it if the rules and the deed say so. Only those documents can answer.
Who pays for the waterproofing of a roof terrace?
It depends on the co-ownership rules. In many buildings the waterproofing is part of the structure and so paid by the co-ownership, but the rules may pass a share to the lot that has the use. Ask for the clause and the history of works.
Can I install a pool or a spa on a roof terrace?
Only if the slab can bear the load and if the general meeting’s approval and the planning rules allow it. Have a structural engineer check before committing.
Is a roof terrace counted in the Carrez surface?
No. The surface in the deed covers enclosed, roofed rooms only. The roof terrace is measured separately.
Do I need special insurance?
Tell your insurer about the roof terrace: the risk of leaks to the flats below and the liability linked to fittings affect the policy.
Can I build on a roof terrace or add a floor?
This is governed by the law of 10 July 1965 and by the local urban plan. A construction generally needs the general meeting’s approval and a planning permission. Do not take it for granted.
Updated 14 October 2026. Sources: law of 10 July 1965, Légifrance, ANIL, balconies and terraces in co-ownership.
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Related reading
Other areas
Same group: luxury-real-estate-paris.com (luxury properties in Paris) deferla.com (the agency network, valuations and buying) choisirsonagence14e.com (how to choose an agency in the 14th).