Who's responsibility is a terrace then?

ANGLICANPAT

Family own top flat (freehold) of 3 in Vic house. Who is responsible for a crack in the base of a terrace wall when a terrace (with planning permission) has been added over the flat roof part of the flat below, subsequent to the original lease arrangement which only states something to the effect that all structural stuff is a shared responsibility of the three flatowners who form the company wherin the ownership of the freehold lies ?

Is the lease supposed to have been specifically changed 10 years ago when the alteration was made the previous owner ? (Or any other alteration each flatowner may make like an extension or conservatory for that matter? -- sounds a good idea now, but what if it wasnt - does that mean the new structure/s just become part of the general 'structural stuff' shared by all? Will obviously need to see a solicitor, but meanwhile, anyone come across this please ?

Doozergirl

It totally depends on the wording of an individual lease but if that lease says that all structutal work is a shared cost, that is what it is.

The terrace means very little. If a wall was cracking directly beneath all three flats, it diesn't suddenly become the top flat's responsibility because it's on top creating weight! A roof terrace would weigh very little in the grand scheme but PP is irrelevant. Would building control approval have been needed, i wonder? I'm sure it would for balustrading, but is the rest heavy enough to ever warrant stronger foundations etc. If someone has been negligent then there might be an argument over liability.

Structural engineer needed! Or indeed the insurance company.