Buying or refinancing a condo with a private roof deck or terrace brings up a question most condo buyers never have to think about. Does the roof space match what your condo papers say you own or can use? A mortgage closing survey is one tool that can help answer this before closing day.
This survey is not the same as a full boundary survey or an ALTA survey. It’s usually a simple drawing. It shows where the building sits on the lot and checks that nothing crosses a property line. For a condo with private roof rights, this simple picture can still matter a lot, especially when roof access or equipment placement comes into play.
How Private Roof Rights Appear in Condo Documents
Private roof rights in a condo usually come from three places. These are the declaration, the condo plat, and a limited common element notice tied to one unit. These papers say which part of the roof belongs to which owner. That could be a deck, a terrace, or space for HVAC equipment.
The wording changes a lot from building to building. Some declarations give exact measurements for the roof space. Others just say something like “the roof area above Unit 4B” with no clear size or shape. When the wording is vague, it gets harder to tell where one owner’s space ends and a neighbor’s begins.
A title company or attorney reviewing your file will usually check these papers first. If the wording seems unclear or doesn’t match what’s actually built, that’s often when a survey enters the picture.
What a Mortgage Closing Survey Can Verify Around the Building
A mortgage closing survey usually confirms the building’s footprint. It shows where the building sits on the lot and flags anything that crosses a property line. For a rooftop with private space, this survey can also show where rooftop items sit compared to the building. That might include a pergola, a storage unit, or a mechanical pad.
This survey usually does not measure the exact size of a private roof deck. It also won’t confirm interior condo boundaries. Those details normally come from the condo plat and declaration instead. If you need that level of detail confirmed, a different survey type may fit better. A topographic survey or an as-built survey of the roof area are two options worth asking about.
Knowing this difference early can save you a round of questions close to closing. It sets clear expectations for what the survey will and won’t tell you.
When Roof Improvements Differ From Recorded Condo Information
Older condo buildings often started as something else, like an old apartment building or warehouse. These buildings sometimes have roof changes added after the condo papers were first filed. A bigger deck, a new mechanical unit, or a new fence around a private terrace can appear over the years. The condo papers don’t always get updated to match.
When a survey turns up a gap between what’s built and what’s on record, that doesn’t always mean there’s a legal problem. It does mean the gap is worth mentioning to the title company, lender, or condo association. Sometimes the association can confirm the change was approved but never added to the paperwork. Other times, it points to something that needs to get fixed before the deal moves forward.
If private roof access is a big part of why you want a unit, it’s smart to ask about this early. You don’t want to find a mismatch during closing.
Why the Condo Plat Matters When Reviewing Roof Rights
The condo plat is usually the clearest record of how a building was first laid out. This includes shared spaces, private spaces, and roof rights. For roof rights, the plat can show which unit gets access to which part of the roof and how that space connects to the rest of the building.
Looking at the plat alongside a mortgage closing survey gives you a fuller picture than either one alone. The plat explains the legal side of the roof rights. The survey shows the actual conditions on the roof today. When both match up, that’s a good sign. When they don’t, it’s worth finding out why before you count on that roof space as part of your decision.
Attorneys and title companies who work on condo deals often pull the plat straight from the county recorder’s office or the condo association if it’s missing from the closing file.
What to Gather Before Ordering a Condo Survey
Getting the right papers ready before you order a survey can speed things up and cut down on surprises. Useful papers usually include the condo declaration, the recorded plat, any amendments tied to roof use, and recent condo association meeting notes if roof changes have come up before.
It also helps to know exactly what you need the survey to answer. A buyer confirming general roof access for a lender needs something different than an owner trying to settle a dispute with a neighbor over deck lines. Telling the surveyor this upfront helps them plan the right survey for your situation.
Buyers, owners, real estate agents, and attorneys working on a condo deal with private roof rights can all save time by checking these details early instead of waiting until closing week.
Frequently Asked Questions
Does a mortgage closing survey confirm the size of my private roof deck?
Usually not. A mortgage closing survey mainly confirms the building’s footprint and checks for encroachments on the lot. The exact size of a private roof deck usually comes from the condo plat and declaration instead.
What should I do if my roof deck doesn’t match the condo plat?
Bring this up with your title company, lender, or condo association before closing. They can help you find out if the change was approved and just never added to the paperwork, or if something else needs attention first.
Where can I find my condo’s plat if I don’t have a copy?
Your condo association or the county recorder’s office usually keeps a copy on file. Your attorney or title company can also help request it as part of the closing process.
