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Responsibility for terraces in blocks of flats?

What is the situation regarding terraces in blocks of flats? Are these considered to be part of the roof and thus the responsibility of the whole block? I can see that this must rankle in cases where other owners do not have terraces.

I know of one block where a penthouse has a private terrace extending over half the roof; in the event of a leak the owner of the penthouse is responsible for his terrace and for any damage caused by water penetration. However, the other half of the roof is a communal area. Is this a common situation? And in cases like this, do other residents have the right to use the communal area for sunbathing and so on?

It would be interesting to hear whether people on the forum have experience of such matters.

IRIW

Comments

  • eddddy
    eddddy Posts: 17,776 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The lease will explain who is responsible for maintaining each part of the building, and the areas which each leaseholder is allowed to access.

    If the part of roof is described as a 'communal area', then normally all leaseholders would have access.

    (But just because that roof area does not 'belong' to an individual flat, it doesn't mean it is a communal area.)
  • Thanks 'eddddy' for your reply.

    Your comment, "(But just because that roof area does not 'belong' to an individual flat, it doesn't mean it is a communal area.)" is interesting. I wonder whether flat roofs on blocks are normally regarded as communal areas. I've seen blocks from the train on the way into London with washing lines on flat roofs. On the other hand, I guess there can be safety considerations.

    IRIW
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Both in terms of 'who they belong to' ie has access to use, and who is responsible for maintenance, the advice is the same:

    Read your lease. And neighbours' leases.
  • boliston
    boliston Posts: 3,012 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    eddddy wrote: »
    The lease will explain who is responsible for maintaining each part of the building, and the areas which each leaseholder is allowed to access.

    If the part of roof is described as a 'communal area', then normally all leaseholders would have access......

    This "communal area" must take some beating:

    http://www.totality.uk.com/index.php/casestudies/airpoint
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