Questions about roof terraces and permits?

Questioner

my neighbor is going to put decking on his roof, but without fencing. This is to counteract the heat on the attic floor in the summer (it does get boiling hot in my attic in the summer). However, he is also doing this (I think) to be able to use it as a roof terrace. Because there is no fencing on it but 'only' decking that serves as extra insulation, it would not strictly be a roof terrace and I think he hopes to be able to bypass the permit application in this way. I know there are all sorts of other, better solutions for roof insulation. But apart from that, my question is: is a roof terrace without fencing a roof terrace? When is a roof terrace strictly speaking a roof terrace?

Lawyer

It is a flat roof. It is about the use of this roof. The zoning plan will sometimes say something about flat roofs and how they may be used. Only when something has been arranged in the zoning plan about the use of flat roofs as a roof terrace (= use of a flat roof as a living space) does the question arise whether this is allowed and if so, what conditions can be set for implementation and fall protection. Sometimes there are also issues in the area of ​​neighbour law, for example if using it as a roof terrace would violate your privacy.

Questioner

Ah okay, so if there are decking but he doesn't use it, then it's not a roof terrace because it's not used as a living space? Now suppose he sits on it sporadically, does it fall under the heading of 'using as living space'? In other words, how often can he use the decking to be able to say that it is used as a roof terrace?

Lawyer

Correct. Sitting on the decking / placing outdoor furniture is not allowed (perhaps according to the zoning plan), but if this happens sporadically, it is difficult to enforce. The only thing you can do is collect evidence yourself (photos, film), submit this to the municipality and request inspection and enforcement.