Existing Roof Terrace in Conservation Area - problems?

BunnyBurrow

I'm in the process of offering on a flat in a conservation area. It has a roof terrace which would not have been built with permission, given that it is a conservation area. It was built more than 20 years ago. Could there be any issues with this? I believe for conservation areas the same time limits to not apply when it comes to retrospective enforcement issues. Am I setting myself up for problems if I go through with the purchase? The terrace cannot be seen from the front, only from the back which backs onto other gardens / backs of houses. Help! I'm "assured" by the estate agent that it is not an issue, but I'm not sure what to believe as they seem very flippant about it.

Section62

BunnyBurrow said:

I'm in the process of offering on a flat in a conservation area. It has a roof terrace which would not have been built with permission, given that it is a conservation area. It was built more than 20 years ago. Could there be any issues with this? I believe for conservation areas the same time limits to not apply when it comes to retrospective enforcement issues. Am I setting myself up for problems if I go through with the purchase? The terrace cannot be seen from the front, only from the back which backs onto other gardens / backs of houses. Help! I'm "assured" by the estate agent that it is not an issue, but I'm not sure what to believe as they seem very flippant about it.

The rules are different, but after 20 years it is unlikely you'll have a problem.  When was the conservation area defined?

More of a concern would be if they didn't get planning consent then there's a good chance they didn't bother with building regs either.  There are two main issues with that - the first is whether the terrace and what supports it from below are structurally adequate.  The second - often more of a concern - is whether it has a suitable and adequate form of edge protection/barrier/containment.  I.e. so people don't fall off/over the roof and/or whatever barrier which has been put in place.  It needs to be designed to resist loads whilst at the same time not being easy to climb over, and with 'gaps' which aren't large enough for children to climb through or get their heads trapped.  It is one of the things which is commonly done incorrectly, and the consequences can be fatal.  If you proceed you should get your surveyor to pay particular attention to this area.

BunnyBurrow

correction - "same limits do not apply"

BunnyBurrow

Thanks for the feedback! I've just checked and the conservation area was defined in 2000 and the roof terrace (I believe) was built before that, or so I'm told. So this is much more reassuring!

Interesting point re building regs though. I will indeed get the surveyor to check that it is structurally sound. The safety of the edge isn't a concern as it is built as a fully walled in terrace up to chest height.

Thanks so much for your info. I feel much better about it now, knowing that it was likely built before the conservation area was defined, and therefore quite possibly is all above board!

Thanks again!

eddddy

BunnyBurrow said:

Thanks for the feedback! I've just checked and the conservation area was defined in 2000 and the roof terrace (I believe) was built before that, or so I'm told. So this is much more reassuring!

Interesting point re building regs though. I will indeed get the surveyor to check that it is structurally sound. The safety of the edge isn't a concern as it is built as a fully walled in terrace up to chest height.

Thanks so much for your info. I feel much better about it now, knowing that it was likely built before the conservation area was defined, and therefore quite possibly is all above board!

Thanks again!

If the roof terrace was built before the conservation area was created, that's fine.

But there you might still face an issue, if you want to repair or alter the roof terrace.


For example, if you want to change the wall around the terrace, the planners might insist that...

• Either you have to replace it 'like for like' - i.e. a copy of the whatever the wall is like at the moment
• Or you have to agree a new design of wall or railings with the planners which is in keeping with the original style of the building 

So making any changes might be expensive.