Roof space conversion - Scottish Tenement

MissMud

Does anyone out there know whether the roof space of a tenement block is owned by all owners. There seems to be such conflicting info /opinions with regard to whether you can take over this space to enlarge your flat (if you own the top) and then whether you take on the 'burden of the roof' in cases of renewing or repairing it.
These properties are so old that it wouldn't have been a consideration to extend into that space when they were built - 1880 - the Deeds have to be consulted and from what I can tell only show the outline of each flat and tell you walls, solum and roof are to be maintained by all. BUT if you take what was 'common space' away and claim it to increase your flat significantly does that not mean you should be paying compensation to the other owners and do all Deeds need to be amended to reflect this change of space.

talla4a

I would approach the factor and ask for his advice/comments on your proposal.

In many of the older tenement buildings holes have been made in the partition walls in the loft for easy access by workmen and occasionally by burglars.

I have never heard of anyone extending into the loft as you propose to do before.

Let us know how you get on!

MissMud

There are no factors involved, as all privately owned. The attic conversion has already been completed - not by me as I own a lower floor flat but so much work is being called for repairs to roof I believe conversion is the cause and possibly not legal.

John_Pierpoint

This situation is pretty common in England, especially if the resulting "penthouse" ends up with a good view or a roof garden.
You might find someone on the "gardenlaw" web site who can give you a pointer to Scottish law.