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Unsafe roof terrace

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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    xylophone wrote: »
    Not sure I'd be happy with "probably" myself.
    Well, go and check the legislation then. You're certainly liable for e.g. roof tiles falling off, whether or not you've been negligent.
  • xylophone
    xylophone Posts: 45,945 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well, go and check the legislation then. You're certainly liable for e.g. roof tiles falling off, whether or not you've been negligent.

    Thanks for the information and suggestion.
  • lincroft1710
    lincroft1710 Posts: 19,400 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    FreeBear wrote: »
    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. .

    I have a large flat roofed single storey extension, part of which has been there fore over 40 years and the timbers are easily capable of withstanding people walking on it as window cleaner frequently does.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • lincroft1710
    lincroft1710 Posts: 19,400 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If the property was recently renovated and glass doors installed, there is a possibility that planning permission and building regulations approval was sought.

    Even if there are no permissions and your neighbours are ordered to remove the doors and reinstate what was there previously, if they are determined to use the roof as a roof terrace, then they could still do this using a ladder and possibly the new window!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • MoneySeeker1
    MoneySeeker1 Posts: 1,229 Forumite
    1,000 Posts Name Dropper First Anniversary
    xylophone wrote: »
    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.

    I would say this is the best approach.

    I also think it would be a good idea to send a suitable typed letter to the neighbours (recorded delivery) notifying them of the risk to yourself/your cat/your possessions and listing incidents that have happened so far (to explain why you are concerned) and officially request them to desist from creating such a potential accident hazard.

    I'd also check whether my house insurance had got that legal add-on to the policy, just in case I did need to sue them ever (though, hopefully, you will be able to prevent them creating a potential accident for you in the first place).

    The purpose of the letter will be that you will keep a copy of this and, should an accident ever happen, you can prove the official "date of knowledge" of when they were aware they might create an accident for you.

    I would be inclined to get a solicitor to write that letter for you and my order of priority would be to: 1. check I had that legal insurance add-on and then 2. get a solicitor to do a suitable letter to the neighbours.

    Also worth checking with the Council too, eg re planning permission requirements, as you might be able to deal with this issue that way.
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 July 2019 at 3:43PM
    Balconies and terraces require planning permission. No exceptions.

    Clearly, for safety reasons, they need to also adhere to the building regulations, bit for the strength of what the terrace sits on and means to stop people and objects falling.

    I would have no concerns over phoning both the Planning and Building Control departments. If these people cannot look after themselves and their neighbours' safety, then the authorities need to do their job.

    I would disregard comments about neighbourly disputes. It isn't a dispute, it's one blatant breach (building control), possibly two (planning) for which the council have enforcement powers, and there is no need for the people to know who reported it, even. No need to involve solicitors at this stage either.
    Everything that is supposed to be in heaven is already here on earth.
  • aliby21
    aliby21 Posts: 327 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Are these leasehold flats? If so they would surely have had to have the freeholder's permission as well as PP. You could dob them in to the freeholder and let them deal with it.
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