 | Subject: Superelevation on the top floor of the building and allowances to the neighborhood. Article. 1127 cc governing the so-called "right of cannot" which gives the owner the top floor of a building, or the sole owner of the flat roof, the power to "raise new plans or new factories," as long as this has not been excluded from the title, the static conditions of the building permit, and is not substantially reduced air or light, the lower levels.
unless expressly excluded from the title, who sopreleva be required to compensate the owners of the lower levels for the decline in the share of ownership of the common property on which they suffered as a result of the increase in cubic capacity of the building.
What is cannot?
The Supreme Court ruled that "even a building with materials other than concrete and bricks, as an aluminum structure that is stable, compact and firmly immobilized on a roof terrace, exclusive property, is raising (Cass. Civ. 1.7 .97, n 5839) are not equally the so-called "shelters" in a tent or other material that does not give rise to the boundary walls. |
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