Substitute authorization for roof terrace or addition

If you are a member of a VvE and want to build a roof terrace or an extension, you usually need permission from the VvE. If the VvE does not give this permission, you can ask the subdistrict court to give it. This permission is called a ‘substitute authorization’. The authorization from the subdistrict court replaces the permission you wanted from the VvE but did not get.

Substitute authorization of an association

The subdistrict court will grant authorization when the requested permission is withheld ‘without reasonable cause. This means that the reasons given by the members of the VvE for refusing permission will be reviewed by the court for reasonableness. Often a request to the court to grant a substitute authorization is accompanied by a application to set aside the decision of the CoE. A substitute authorization may also be granted if the person from whom the authorization is needed does not declare.

When replacement authorization needed?

There may be numerous cases in which a substitute authorization may be requested. Consider, for example, the installation of an extension. Creating a roof terrace or installing an air conditioning system. Or the installation of a dormer. But it also happens that there is a dispute about whether maintenance is necessary or should be borne by the VvE. The Rotterdam court granted substitute authorization in 2023 to make a repair to a common window. Because the CoE did not do so, the owner was allowed to have the repair done at the CoE's expense.

No substitute authorization for remodeling if subdivision deed must also be amended

If the substitute authorization is requested for a renovation that also requires amending the subdivision deed, it cannot be granted. This is the case if the remodeling also changes the property law situation. For example, if the size of the private parts increases or decreases. For this conversion, the division deed must first be amended. However, a substitute authorization can also be granted for the amend the division deed. However, different requirements apply to that procedure.

Petition against VvE for substitute authorization

The lawyers at Lexys take such specifics into account and help you request the substitute authorization the right way. The attorneys at Lexys Attorneys at Law have years of experience litigating for both apartment owners and CoEs in replacement authorization disputes. Visit contact with them to find out what Lexys can do for you.