# Who owns unused attic space above top floor apartment?



## dublindamo (12 May 2015)

*Hi,

I own a top floor apartment in a small block (12 apartments above 2 retail units). There is a small hatch to the attic space above my apartment. The attic space could be converted as there is good head height up there. 
I am tring to find out who owns this space and as I am the only apartment with access can I use it. 
The OMC have no records to indicate who owns it. The builder is long since gone (property built in 1994) as it the solicitor that acted for them.

I am not sure where to go to ask. Is there a particular title deeds or plans that I need to consult and if so who should have them? I want to approach the other members with a view to use/convert the space but want confirmaton I am entitled to do so first. 

Any advice on where to find this out would be appreciated.

Thanks in advance*


----------



## lantus (12 May 2015)

Typically the omc will own that and it should be pretty clear in your lease which I am surprised the omc does not have. The loft space and all structure as well usually. 

If the roof blew off tomorrow and the cost 15k to repair would you step in and pay for it or would you expect the block insurance to foot the bill? If the latter then its not yours. The access is probably for the omc first and foremost not you. Its just via your apartment. (Why would they need multiple hatches?)

Presumably anyone else could cut a loft hatch and then claim this space as their own? Not sensible. Check all leases and legal documents.


----------



## dublindamo (13 May 2015)

The hatch within my apartment gives access to a space that has no communal pipes or water tanks etc. I guess it is the same for the other 4 top floor apartments. There is access to the water tank and pipes but this is over the communal landing so not via an apartment.


----------



## Vanilla (14 May 2015)

Normally the attic space is specifically excluded in your lease, the wording in relation to anything above your ceiling is probably similar to:

_'the ceiling finishes thereof including all suspended ceilings (if any) and light fittings save that the upper limit of the Demised Premises shall not extend to anything above the ceiling finishes (except that the cavity above any suspended ceilings shall be included)'_

The management company would normally own it.


----------



## so-crates (14 May 2015)

Similar to you I have a roof space that is accessible from my apartment and is not communal. The lease is very clear on the matter, I do not own it, the managing company does. I do have explicit right to use it as per the lease. Conversion would not be considered "use". Check the lease document, the answer should be in there.


----------



## PTSBCase (14 May 2015)

It states in my contract drawn up when I purchased that no modifications can be made to building, so I'm assuming this includes the attic space.


----------

