The initial situation is quickly described: A modern residential and commercial building in the most sought-after city location has two flats on the sixth floor, one of which has an extended roof terrace over the entire floor above with an excellent view of the lake.

As part of our mandate processing for the sale of one of the two flats, our notary’s office closely analysed the wording of the land register excerpt, but also the original of the justification file and the regulations. And lo and behold: according to the substantiation file, the flat for sale was entitled to half of the roof terrace. “Your broker thinks he knows” wrote the one owner who was not aware that the substantiation file did not correspond to the built reality and who was now forced to dismantle his terrace. But the estate agent did know: for the sale, the possible construction of a roof terrace was relevant to the value, the new owner was allowed to build a staircase and today enjoys the unique view on his half of the terrace.