Derecho de Azotea / Roof Rights (Roof Rights)deh-REH-choh deh ah-soh-TEH-ah
Derecho de azotea is the right to use or build on a condominium building's rooftop, which by default belongs to all owners in common but may be assigned exclusively to a specific unit (typically a penthouse) in the escritura constitutiva under Article 25 of the Ley de Propiedad en Condominio de Inmuebles del Estado de Quintana Roo.
By Daniel Ortega · Last reviewed 9 November 2026
How it works
<p>In Quintana Roo condominiums, rooftops are common property unless the escritura constitutiva explicitly grants exclusive use to a particular unit. Article 25 of the state condominium law prohibits top-floor owners from occupying or building on the roof without express authorization in the constitutive deed. When a developer assigns roof rights to a penthouse, that assignment must appear in both the condominium's escritura constitutiva and the individual unit deed. Buyers considering a penthouse or top-floor unit should verify in the deed whether roof rights are included; units with roof rights typically carry HOA fees 20 to 40 percent higher than standard units in the same building, partly because penthouse-specific amenities like rooftop pools and terraces require additional maintenance. Owners with roof rights budget 1 to 2 percent of purchase price annually for penthouse-specific maintenance (waterproofing, pool equipment, shade structures), or approximately MXN 54,000 to MXN 144,000 per year for a MXN 9 million penthouse in a coastal location. Where the roof remains common property, all owners share maintenance costs proportionally to their indiviso percentage through the regular cuota de mantenimiento, and no single owner may occupy or modify the space. Assigning roof rights after the regime is constituted requires a deed amendment executed by notary, costing 0.5 to 2 percent of the property value plus 16 percent IVA, then registered at the Registro Público de la Propiedad. Penthouses with assigned roof rights command asking-price premiums of 15 to 30 percent over comparable top-floor units without roof access, but owners assume full responsibility for rooftop waterproofing; any failure becomes a leak into the unit below and is the penthouse owner's liability, not the HOA's.</p>