Decking installed on the patio illegally prior our purchase

RitaTakacsF

TripleH said:

If the council own the flat suffering the leaks and are the freeholder, their argument may well be that they need to remove the decking to fix the roof as it may be that flat roof has reached the end of it's useful life.

As stated previously, if the decking was not done through the proper channels it might be that the structure of that building cannot support use as a 'patio'.

More importantly, do you actually have the right to have access to the flat roof?

I suspect you are the victims here (to some extent) in that you thought you were buying a flat with outdoor space but what has happened is that your sellers saw an unused flat roof and decided to make that their space.

Does your paperwork say you have a right of use of the flat roof at all?

If it is not mentioned in your paperwork at all then it most likely doesn't belong to you.

I have the right to use the patio (it is like a balcony belongs to my flat). Thanks a lot for your help 

RitaTakacsF

user1977 said:

RitaTakacsF said:

ic said:

What four year rule?

I read somewhere planning rules cannot be enforced after 4 years have elapsed from the date of construction... maybe it can be applied for the decking ? 

But are we even talking about planning enforcement, or are the council saying the leaseholders needed to get consent from the council as freeholders in terms of the lease? Which department of the council has been in touch?

just the repair department. I am not familiar with the 4 year rule. We are talking about the council not planning enforcement 

onylon

Can you ask the workmen to leave the decking planks and then put them back down after the repair work is finished?

RitaTakacsF

I like your thinking. Im thinking to take it up even myself to save the cost and the hassle 

RitaTakacsF

onylon said:

Can you ask the workmen to leave the decking planks and then put them back down after the repair work is finished?

I like your thinking. Im thinking to take it up even myself to save the cost and the hassle 

RitaTakacsF

AdrianC said:

RitaTakacsF said:

AdrianC said:

RitaTakacsF said:

we were not aware the solicitors are not checking the flat fully.

When did you think the solicitors visited the property?

Hi Adrian Parentally they never did. They believed in the seller information form ... 

Exactly. They never do.

Your surveyor goes and checks the condition, but he doesn't check the legals.

ahhhh it is just so annoying as the decking was all over the advert when we were buying the flat. even pictured on the websites 

AdrianC

...which your solicitor also wouldn't have seen.

They just deal with the legal paperwork.

canaldumidi

The 4 year rule applies to planning permission - The councilplanners cannot enforce breaches of planning law that took place more than 4 years ago. But that is almost certainly irrelevant here.

The issue here is almost certainly that the leaseholder (previous flat owner) failed to obtain permission from the freeholder (in this case the council) to install the decking. There is no 4 year rule applicable here.

So: take a look at your lease and then quote in full

* any wording related to making changes to the building, roof, patio, flat etc. We can then advise whether freeholder permission would have been required

* the description of the extent of your lease eg whether the area in question falls within your lease

Look also at the corrspondance with your solicitor: did you ask if the decking was authorised, and did your solicitor ask the seller?

Look a the Property Information Form (TA6): how did the seller answer

* question 1.5

* 2.1

* 3.1

* 4.1

Look also at the LeaseholdInformation Form (TA7)

* 7.1

* 9.1, 9.2, 9.3

Section62

RitaTakacsF said:

onylon said:

Can you ask the workmen to leave the decking planks and then put them back down after the repair work is finished?

I like your thinking. Im thinking to take it up even myself to save the cost and the hassle 

You need to find out if you have a legal right to do that before putting the planks back (or making any other alterations).

Your lease might give you the right to walk about on the patio, but that doesn't necessarily include the right to alter it (without consent) - particularly if it forms the roof to the property downstairs.

eddddy

RitaTakacsF said:

I have the right to use the patio (it is like a balcony belongs to my flat). Thanks a lot for your help 

Are you sure about that? Is it included within the red line on your lease plan?

Does the doorway to the patio look like it was put in after the maisonette was built? Maybe when the decking was put down?

(The estate agents details aren't necessarily correct.)


Did you get a letter from the freeholder saying they would remove your decking? What does it say you have done wrong?

For example,

• Does it say that you have breached the lease by laying decking? 
• Does it say that the patio isn't demised to you?

Are they saying that your decking has damaged the roof, so they expect you to pay for repairing the leaks?