Buying Flat over Co-Op, can I use their roof?

hotbern

Hi all, hope this is the right place
I viewed an ENORMOUS (20ft lounge!) flat today, which is situated above the local Co-op. The access is from the back, up some fire escape type stairs, then about 100ft across their flat felted roof to the front door.
Here's the query.
Do you think I would be allowed to deck across 1/3rd of their roof to provide my 3yr old with outdoor space? I would obviously pay and make sure their roof would not be damaged in the process.
5 doors down, there is a cafe on top of another shop, who has decked across the bottom shop's roof and it looks fab.
Do I ask the Co-op or find out who the leaseholder is for both properties?

Many thanks

Richard_Webster

You would almost certainly need the consent of the freeholder and depending on whether the roof is is included in their lease, of the Co-op.

Also if you are going to need a mortgage I would check that your lender will lend on a flat above a shop as a lot are fussy about this and may not lend.

welshy_2002

A 3yr old and a rooftop garden sound like trouble

princeofpounds

If the roof is demised to you, then yes you can. It is unlikely to be however. The deeds will tell you so ask your solicitor about this.

Practically speaking you can use it if no-one objects as you aren't committing a crime, but if they object you have to stop and if you cause any damage you can be sued.

hotbern

It's not as bad as it seems - the wall is high on all sides with a lockable gate at the end. Even Houdini couldn't get out!

hotbern

Not sure what demised is, but I don't think any part of it would belong to us, as it is over the shop, before the footfall of the actual flat starts.
Rather than just 'using' it as outdoor space, we would like to make it homely as it would be our first home.

princeofpounds wrote: »

If the roof is demised to you, then yes you can. It is unlikely to be however. The deeds will tell you so ask your solicitor about this.

Practically speaking you can use it if no-one objects as you aren't committing a crime, but if they object you have to stop and if you cause any damage you can be sued.

princeofpounds

demised - allocated to you basically.

Richard_Webster

You will have to look at the lease but it does unlikely that the roof area would be included in the demise (the area in the lease).

More likely you would simply have a right of way over it and might have to contribute towards its maintenance.

A further point is that as it is a flat and you would be extending the curtilage you would need planning permission for decking.

tyllwyd

Have you thought about how the decking would be supported? You will probably need to support it on the walls of the building below because as it stands the existing roof wouldn't be strong enough. I'd talk to a builder before you get carried away with the idea.

PasturesNew

As has been mentioned, it is possible that to put decking on that area (even if allowed) would be dangerous as the roof is at present. You might need planning permission, you would probably need building regs .... and there's a chance that a structural surveyor would find that the roof was of inadequate strength to carry the weight of decking, pots, people, chairs, small table and a glass of vino.

You could easily find yourself 4rse-end in a co-op freezer if it gave way.

hotbern

Thank you all for your well observed and helpful points.
We are 2nd viewing Monday, taking a friendly local builder, and have agreed the footprint of the flat is big enough to warrant an offer, even if we can't have decking