Parking, Rooftops and Common Areas in Condos

What counts as common property in a condominium?

Common property is everything in the building and parcel that is not inside a unit. Section 1 of the Condominium Property Act, 2001 defines it as the part of the condominium property that does not belong to any specific unit and is used in common by the owners, including the land, the support structures, the infrastructure and the services. A unit, by contrast, is a space inside a building described on the plan by its floors, walls and ceilings, and its boundary runs along the finished interior surfaces (sections 1 and 11).

That means stairs, corridors, the roof structure, outer walls, lifts, shared pipes and cables, gates, driveways, gardens and play areas are normally common property. The 2002 Regulations give a sample plan legend that says major plumbing, electrical, mechanical and structural facilities that pass through a unit but serve the main building are common property. Section 6 says all owners hold common property together as tenants in common in shares proportional to their unit factors. Nobody can sell or mortgage a share on its own, because it travels with the unit. For the wider law, read Owning a Condo Unit.

Do I own my parking space in a condo?

Usually not outright. There are three possibilities, and the plan tells you which one applies.

The first row is our reading of the definition of a unit as a space within a building, so it is most likely to apply to enclosed garages and basement bays, not open yards. Check the plan. The Regulations require the site and building location plan to show exclusive possession areas and the extent of the common property (regulation 8(1)(e)). Section 9(2) says a plan that includes residential units must also show the boundaries of areas to be leased. The sample legend in the Regulations even gives balconies, patios and carports as examples of common property that may be leased to an owner. Ask which bay is yours, and see it marked on the plan before you pay.

Our listings show how often parking matters: a Masoli development in our November 2026 listings includes a penthouse duplex of 166 square metres among 12 units (Land & Property listings, Nov 2026), and the listing does not say how parking is allocated. Ask every seller. If you are a foreign buyer, Can a Foreigner Buy an Apartment in Uganda? covers the tenure side.

Who owns the rooftop?

The answer is the same logic. A roof structure is common property because it supports and shelters the building (sections 1, 14 and 15). A top-floor owner does not own the roof above the flat by default. A roof terrace belongs to a unit only if the plan draws it inside that unit's boundaries, for example in a penthouse with its own stair. Otherwise it is common property, and an owner can use it exclusively only if the corporation grants a lease under section 37. Solar panels, water tanks, antennas and advertising signs on a roof raise the same question: who has the right to use common land, and on what terms? If an owner wants to build an extra room on the roof, section 20(1)(k) requires the corporation to submit new plans when the condominium property is altered, and a change of use of a unit needs unanimous approval plus planning approval (section 8).

The corporation, not the individual owner, repairs the roof and funds the work from levies on all units (section 20). Our page on the cost side is condo service charge, though the question here is rights, and that is why the plan matters.

How does exclusive use of common property work?

Section 37 says that, despite section 21, a corporation may grant a lease to an owner permitting exclusive use of part of the common property, if its rules permit. The rules must therefore allow it first. Section 21 is the general rule: a transfer, lease or easement on common property needs a unanimous resolution of all owners, the consent of everyone with a registered interest, and a certificate under the corporation's seal before the registrar will register it. Section 21(4) says no part used as access to one or more units may be transferred or leased. This protects stairs, passages and entrances.

If you hold an exclusive-use lease, the corporation can recover from you charges that a local authority or utility requires for that part (section 32(1)). If you rent out your unit, the corporation may also hold a deposit to cover damage to leased common property caused by your tenant (section 43(1)(b)). Before you buy, ask for a copy of the lease, its term and whether it passes to the next owner on sale. A share in common property passes with the unit (section 6(5)), but a lease is a separate document, so check that it is registered and transferable.

What disputes arise, and how are they settled?

Disputes can arise when a neighbour uses someone else's allocated bay, a vehicle blocks an access lane, an owner closes in a balcony or roof, or a sign goes up without approval. The Act gives a route in this order: first the board, which must hear complaints from aggrieved members (section 20(6)); then enforcement of the rules through fines, which are civil penalties recoverable as a debt (section 30); then the court, to which a fine can be appealed (section 30(4)) and to which the managing agent must refer an owner who breaks the rules three or more times in a month (section 31). Harm to a neighbour can also lead to proceedings in tort, in which the common property and each unit are treated as separate premises and the corporation is the defendant for common property (section 45).

Prevention is cheaper. Ask the seller for the plan, the rules, the allocation of any exclusive-use areas and the minutes of the last annual meeting. Our page condominium title vs master title shows how to check if the plan is registered at all, because without one there is no clean boundary between unit and common property. If a bay or terrace matters to you, make it a term of the sale, and see Selling or Buying a Condo Unit on Resale. Then browse apartment listings and book an escorted site visit to see the bays yourself, or go back to Houses for sale Kampala. Unpaid levies sometimes follow such disputes, so see unpaid service charge condominium.

Frequently asked questions

Related guides

• Owning a Condo Unit: Your Rights and Duties
• Selling or Buying a Condo Unit on Resale
• Condominium Title vs Master Title: Which Are You Buying?
• Unpaid Service Charge: What a Condo Can Do
• Can a Foreigner Buy an Apartment in Uganda?
• Homes and Condominiums for Sale in Uganda