To whom does the roof belong in a multi-story building constructed according to urban regulations, for which a later decision was issued permitting the construction of two additional floors, knowing that the roof acquired a shared usufruct right for the owners of the floors, and that the land and building permit belonged to the father?

Summary of the Fatwa:

Whoever owns a building owns its rooftop and the air above it up to the sky, unless the seller stipulates otherwise in the contract. If the owner of the building sells all the floors and does not stipulate that the rooftop belongs to him, then the building has exited his ownership, and he has no right to the rooftop; rather, the right belongs to the owners. However, if he retains ownership of an apartment or a floor, he is a partner with the rest of the owners in the rooftop only to the extent of his share. If custom dictates that the rooftop remains the property of the seller, and the contract does not explicitly state otherwise, then the custom is applied. The rooftop is divided among the owners in several ways: either by the number of units, or by the area, or according to the value of the apartment.