Unsafe roof terrace

e_l_nnes

Hi, I'm after some advice as unable to find anything comprehensive elsewhere. My neighbours are using a flat roof as a roof terrace. The property has been recently renovated and they have installed glass doors on to the terrace and have chairs, table etc out there. They completely overlook my back garden which isn't great but the major problem is that they have no rails / fencing around the terrace - things are always being knocked in to my garden (almost taking out the cat on one occasion) or being blown off in heavy wind. Incidents range from being irritating to quite dangerous. I have spoken to them and asked them to secure their terrace but nothing. Is their use of the terrace without a guardrail actually illegal? It's getting to the stage where I am going to need to report to the authorities if nothing is done. Any advice please?

davidmcn

Installation of doors onto the terrace and using it as such would probably have needed planning consent - have you checked whether they got any? Not sure you can necessarily demand any preventative action about things being blown out of their property into yours.

[Deleted User]

Friend of mine did a roof Terrance on a flat roof at the back of her house. She had to apply for planning permission, conditions were rails and covering so not overlooking neighbours.

FreeBear

davidmcn wrote: »

Installation of doors onto the terrace and using it as such would probably have needed planning consent

A flat roof would need to be structurally sound to use as a terrace. Quite likely that the timbers would have to be replaced and a suitable surface put down. Railings would definitely be required, no ifs or buts about it - Someone falling from that height could sustain life changing injuries !

Forget about talking to the neighbours nicely - They clearly have little regard for the safety of anyone using this "terrace". Get on to the local council and put pressure on them to take enforcement action.

Simby

Surely if the neighbours wish to kill themselves by potentially falling off their unsecured terrace that is their business.

Op if you want to be able to sell your house in future complaining the the council may not be in your best interests as your neighbors will likely hate you forever afterwards. ( read declaring disputes).

A half way point might be to tell them if they do not remove things after use you will report them.

Also maybe do not return anything that goes into your garden wait for them to come and request

Can you put up something like a fence /netting to stop things falling into your side.

scholesfan88

There was a similar thread on here not so long ago about the same kind of issue.

I believe planning was rejected for the roof terrace in that case and they were made to take down the railings but were still using the terrace as in your case.

scholesfan88

Just found the other thread which was on a different forum. I've PM'd you the link to it.

xylophone

https://roof-maker.co.uk/inspiration/blog/create-a-roof-terrace/



The terrace may well have required approval.

I wonder, too, whether the owners have told their insurers about this change to the property.

I would have thought that damage caused by property falling from the terrace where reasonable preventive precautions had not been taken by the property owner could be regarded as wilful negligence.

The OP could sue (but I doubt that this would be of much comfort if he/pets/guests etc were hurt by falling debris).

The OP could check with the council on planning regulations.

davidmcn

xylophone wrote: »

I wonder, too, whether the owners have told their insurers about this change to the property.

Doubt there's any specific need to notify insurers.

I would have thought that damage caused by property falling from the terrace where reasonable preventive precautions had not been taken by the property owner could be regarded as wilful negligence.

Probably covered by occupiers' liability legislation irrespective of whether there's any negligence. And this sort of third party liability is included as standard in home insurance.

xylophone

Probably covered

Not sure I'd be happy with "probably" myself.

PasturesNew

When they're out, dig a deep hole right under the terrace edge, by your wall. Line it so it doesn't collapse (e.g. with a leaky old dustbin or something bottomless/similar. Cover the top with a loose piece of wire/similar. Put something resting on the top so it can't be seen.

Learn your neighbour's movements/times and contact local riding stables about horse poo. When you know they'll be out, go and get some horse poo ... tip it into the newly dug hole... remove the cover of the hole so it wafts.

If you can create the smell without them seeing a thing, all the better.

Additionally, buy some super stinky stink bombs and set them off when needed.

Just make sure you're never spotted.

After all, if you can't go outside/enjoy that space, why should they be able to?