Key facts
- Can be owned by
- One unit, the developer or all owners in common
- Matters for
- Penthouses, overlying maisonettes, townhouses
- Defined in
- The title deed
- Check
- Planning limits on building higher
In a Maltese building the roof and the airspace above it are separate rights. They can belong to the top-floor unit, to the original developer, or to all owners in common — and the deed decides.
Why it matters
- Value — a penthouse with its own roof and airspace is worth more.
- Privacy and views — if someone else owns the airspace, they may build above you if permits allow.
- Use — solar panels, water tanks, roof terraces and washrooms all depend on who controls the roof.
What to check
- The deed — what exactly is transferred: roof, airspace, both or neither.
- The planning position — could more floors be approved here? Your architect can advise.
- Existing structures — are roof rooms and terraces covered by permits?
- Rights of other owners — access for water tanks and maintenance.
See buying a penthouse and buying a maisonette.
