Roof terrace not actually a roof terrace

Fern123

Hi jaybeetoo,

Yes, he did. I have just looked through the report again. He stated that:

There is a large suspended concrete communal roof terrace accessed from the top of the communal staircase surfaced in asphalt.

This appeared to be in a satisfactory condition for its purpose, subject to some localised surface cracks noticed earlier.

Thanks for your help.

Fern123

Hi all,

Our solicitor has received a response that the roof terrace does not have planning permission and there's nothing on the lease granting access to it or the loft space. We are in agreement that we do not think it would be granted planning permission due to being in a conservation area, and a storey higher than the surrounding properties.

However, it has been used for this purpose for (at least) 30 years, and so he thinks that the chances of us being stopped from using it are slim. But we would have to take this risk and be prepared to be stopped from using it.

His next step is to try and get something in writing on the lease about right of access to the terrace and loft, and then we'll go from there. He says if we manage that then will need to assess whether we are comfortable with the price we have paid for the property with the possible loss of outside space and storage.

Thanks everyone for their advice so far.

Dan-Dan

I sense you`ll be reducing your offer by the end of this particular process

Fern123

You're right Dan-Dan. Whether they'll accept the lower offer is a different issue entirely! :undecided

DannyboyMidlands

I agree with your friend and wouldn't want to go up there.

From counting the bricks the parapet seems about 600mm high, no more than knee height really. It'd be far too easy to take a tumble over that. Quite scary actually.

Proper railings are around 1100mm high. Sort of stomach height.

carefullycautious

If everyone is using the roof from the flats you are going to be landed with regular roof repair bills. I would not want to be walking about on that stuff.

Those walls are really :eek:

Fern123

Just an update on this - the vendor acknowledged that there was no right of access in the lease and no planning permission, and didn't want to rock the boat with the freeholder and other owners by doing anything about it.

So we reduced our offer which they rejected. This morning we submitted a higher offer, which reflected the price we had originally agreed on, minus what our surveyor told us he had added to his valuation for the roof terrace.

I've just received a property alert saying it's back on the market, and I feel a bit sick :sad:

It is a seller's market in our area at the moment and I fear we have lost this property and all the money and time we've put into purchasing it.

propertyman

Well some people will accept the risk, even if they ask the question in the first place.

The FH is unlikely to agree access, and if they did would as I explained have to carry out a lot of work to make it useable which will bump your SC. :eek:

While you are right to adjust the price, some will not, so its all about the risk that you or they are prepared to take.

Fern123

We were willing to accept the risk as long as we could negotiate the price to the level of what the property would be without the terrace.

It seems that we are now being held over a barrel, despite being 10 weeks down the line and ready to exchange bar this issue.

The_Pixi

Fern123 wrote: »

We were willing to accept the risk as long as we could negotiate the price to the level of what the property would be without the terrace.

It seems that we are now being held over a barrel, despite being 10 weeks down the line and ready to exchange bar this issue.

If you are happy to pay someone, presumably a substantial amount, of money for something they cant actually sell to you, then go for it, you like the flat.

Personally I would let the property go and leave it, knowing I was sensible with my money. OK someone else might buy it with that risk, but they are obviously happy paying over the odds, and taking the mortgage and interest with that as well.