Roof terrace not actually a roof terrace

ValHaller

Fern123 wrote: »

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.

You are making the classic thwarted buyer's mistake. The money and time you have spent on this has been well spent because you have avoided making a purchase you would regret

kmmr

Its a tough call as it's a lovely flat in a good area (I have done a bit of cyber sleuthing and tracked it down). I know that area well.

You would still have access to the roof, and any other top floor flat won't even have such a thing available to them. As you are top floor, then presumably it's mainly that flat who will use it.

The price isn't crazy for a decent size two bed in the area. Tough decision.

propertyman

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.

Yes, but the vendor won't for the reasons explained.

And yes you are over a barrel. You choose to accept the risk at the price agreed ( or a closer compromise) or walk away.

Sorry Fern but thats the cold hard reality.

Dont get stuck in your thinking( which you clearly are) as it is what it is, the vendor is as explained quite free to say "thanks but no, I'll find another punter/mug".

chickaroonee

I think walking away is the right decision. Do you want to have kids? I don't see how you could ever take them up there, far too dangerous.

MobileSaver

DannyboyMidlands wrote: »

It'd be far too easy to take a tumble over that. Quite scary actually.

chickaroonee wrote: »

Do you want to have kids? I don't see how you could ever take them up there, far too dangerous.

As the OP said "it has been used for this purpose for (at least) 30 years"; presumably there's never been an incident in all that time otherwise the access would have been closed off. Perhaps previous owners (with or without children) have used it sensibly and responsibly and had much enjoyment from the roof terrace over the last THIRTY YEARS.

Yet somehow in today's cotton-wool-wrapped society it's suddenly become far too scary and dangerous...

chickaroonee

Just because something has been used for while with no accident (yet) doesn't make it safe.

Of course it would be possible to take precautions but personally with small children I would find it too stressful to enjoy the terrace - you would have to follow them round continuously/make sure they don't run in case they trip etc. It is certainly possible to do, but I couldn't be doing with the hassle and therefore it would only be useable for me when the kids where in bed. I don't see how stopping a child falling off a roof terrace is "wrapping them up in cotton wool" but we're all entitled to our opinion.

sinbad182

30 years is more than a while.

The OTT safety 'concerns' on this subject are typical of the posters on here feeling they have to make some input to a thread, whether its valid or not.

chickaroonee

Well glad the thread police have arrived to tell me whether my concerns are valid or not!

propertyman

sinbad182 wrote: »

30 years is more than a while.

The OTT safety 'concerns' on this subject are typical of the posters on here feeling they have to make some input to a thread, whether its valid or not.

I rather think that your post is exactly that, making a point because you feel the need to.

There is not only a statutory requirement to install an enclosure far higher than the parapet walls, but for older structures predating that, there is a general obligation making it safe to use. The LL would have to install a fence or railing if they formally permitted its use.

Billions of people used ladders and only hundreds died falling off them, but that doesnt make them safe, as the risk like that on the roof, is always there.

The LL faces criminal prosecution and imprisonment if they fail to assess and manage those risks.

partialycloudy

I think you need to consider the fact that if you purchased the property and the price the seller wants, when you go to sell you could have the same problem...and who knows what the porperty market will do in the future.
Also, if the roof has been walked on for the past 30 years will it need replacing sooner then it normal would do, which could mean extra cost for you in the future.
I would walk away