planning permission for a balcony

hazyjo

Without confirmation it was safe, I'd not touch it with a bargepole. Doubt a mortgage company would lend on it without some sort of confirmation either (presuming any buyer would need one).

You haven't really answered the question of who the roof belongs to. I'm presuming every flat next to your friend's or beneath is liable for roof repairs generally (before he stuck a terrace on it).

I presume it's a flat roof that covers various flats? I'm surprised nobody's complained already. If I was a tenant in that block who was jointly responsible for the roof maintenance, I'd be very peed off that one resident on the top had claimed the roof as his and turned it into a terrace.

Jx

g_attrill

grai wrote: »

Whars retroactive permission?

my friend is just hoping that the balcony is so stunning (which it is) that the whole thing will just go under the radar when he tries to sell because people will kill for a stunning balcony no matter what

from what people have said it doesnt look like its that simple

Has he built on top of somebody else's bathroom or is it a maisonette style and his own?

The thing is any surveyor will notice the alteration and look closely to see if it could damage the bathroom roof, if the walls can support it etc. They will probably make a reference to it and any sensible buyer will take note. It really depends on how thorough the solicitors are - the cheap ones might overlook it (deliberately or due to laziness), some are very thorough and will advise their clients to ensure everything is completely legit.

Richard_Webster

my friend is just hoping that the balcony is so stunning (which it is) that the whole thing will just go under the radar when he tries to sell because people will kill for a stunning balcony no matter what

Well, despite a buyer's solicitor's warnings about lack of:

• planning permission
• building regulation completion certificate
• variation of lease to include the area
• consent under the lease wording for the works

a cash buyer might decide to proceed,but if he is getting a mortgage the solicitor will be bound to report it all to the lender who won't ignore it.

OP's friend will need to sort it out if he wants to sell.

neverdespairgirl

More than one issue, here.

Firstly, the question of whether the flat includes the roof or not. It probably doesn't. Unless he has a lease over the roof, it's not his to have as a terrace / balcony / whatever. If he does "own" it, he'd almost certainly need the freeholder's permission.

Secondly, planning permission. How long ago was it done?

Thirdly, building regs / safety. That needs sorting out.

But if he doesn't have ownership of the roof, that's the first and main problem.

grai

Thanks for that Its a maisonette flat and the terrace put in just this month

I'm almost certain the council own the roof as my mate expressed suprise when he found that out

The bathroom on which the terrace is built is my friends bathroom within his flat - but presumably the council own that roof too and are responsible for it - its on the back of the main building as an extension

underneath is an old lady who I doubt will object or even notice

Its worrying to hear that this could vary the lease as it changes the function of the roof If the area is owned by the council as the main roof is