Unsafe flat balcony - whose responsibility?

JaniceUK

I’d be more worried about the fire hazard. Has the decking been added by the previous owner? When I lived in a flat with a balcony we were not allowed any sort of floor covering on the balcony due to the fire risk from discarded cigarettes from higher balconies, not even a doormat 

eddddy

lis1320 said:

 We’ll try to get confirmation that HA will sort it in writing, thank you 

The lease provides the confirmation in writing of who must fix it.  (If the lease doesn't confirm it, it would be a defective lease - which would be a major issue.)

However, the seller (or the seller's solicitor) can ask the HA about the balcony in writing, and hopefully the HA will reply in writing. But if the HA make a mistake and say something that contradicts the lease, they'll probably realise their mistake later, and it will be what the lease says that matters.

 

lis1320

JaniceUK said:

I’d be more worried about the fire hazard. Has the decking been added by the previous owner? When I lived in a flat with a balcony we were not allowed any sort of floor covering on the balcony due to the fire risk from discarded cigarettes from higher balconies, not even a doormat 

I’ve had a scout on Rightmove and found a few more flats (same area, different buildings) with what looks like similar decking so I assume it was there when originally built and not added by the owners

ThisIsWeird

I'm going to suggest, Li's, that it's very likely that the flat owner will be responsible for the visible decorative decking. The HA will be responsible for the structural fabric of the building, including the balcony itself. So I'd be factoring in ~£1k for new stuff unless they confirm it's covered. 

No idea if it's rot or just poor installation as mentioned above. Rot should be easy to ID on a further visit.

If you need to replace it, consider using composite decking.

HampshireH

If you need to replace it you will need the consent of the HA to make the alteration.

They need to manage the fire risk and I expect they will insist on fire resistant balcony decking. They may specify the type they may not.

lis1320

ThisIsWeird said:

I'm going to suggest, Li's, that it's very likely that the flat owner will be responsible for the visible decorative decking. The HA will be responsible for the structural fabric of the building, including the balcony itself. So I'd be factoring in ~£1k for new stuff unless they confirm it's covered. 

No idea if it's rot or just poor installation as mentioned above. Rot should be easy to ID on a further visit.

If you need to replace it, consider using composite decking.

The EA has verbally confirmed that the vendor is in communication with the HA but will cover costs of repair if need be.

We’re first time buyers so a little confused as to how that would look in the process - does the vendor’s written agreement to cover costs of repair suffice? I guess we could ask to delay exchange until the issue is solved and is done according to HA regulations, but at the same time I can understand if the vendor wouldn’t want to sink more money into the property for someone that could pull out of the deal.

I would imagine anyone interested in the property would have a similar issue with the balcony so fixing it just makes sense 

ThisIsWeird

lis1320 said:

ThisIsWeird said:

I'm going to suggest, Li's, that it's very likely that the flat owner will be responsible for the visible decorative decking. The HA will be responsible for the structural fabric of the building, including the balcony itself. So I'd be factoring in ~£1k for new stuff unless they confirm it's covered. 

No idea if it's rot or just poor installation as mentioned above. Rot should be easy to ID on a further visit.

If you need to replace it, consider using composite decking.

The EA has verbally confirmed that the vendor is in communication with the HA but will cover costs of repair if need be.

We’re first time buyers so a little confused as to how that would look in the process - does the vendor’s written agreement to cover costs of repair suffice? I guess we could ask to delay exchange until the issue is solved and is done according to HA regulations, but at the same time I can understand if the vendor wouldn’t want to sink more money into the property for someone that could pull out of the deal.

I would imagine anyone interested in the property would have a similar issue with the balcony so fixing it just makes sense 

In the scheme of things, I think it's actually a minor issue. If DIYed, it would be a matter of a £ew hundred, I'd have thought.

I don't know - I guess you could always inform the seller that if written confirmation of HA's agreement is not received before exchange, then they need to knock off a grand?!

If the flat is otherwise what you are after, the survey good and the price keen, I personally wouldn't allow this to be an issue. If you had been chasing it 6 months ago, chances are these boards would have still been intact and have looked ok; you'd have been none-the-wiser, but they'd be due to break unexpectedly at some point within the first year of ownership...

eddddy

ThisIsWeird said:

I don't know - I guess you could always inform the seller that if written confirmation of HA's agreement is not received before exchange, then they need to knock off a grand?!

I wouldn't get too hung-up about getting "the HA's agreement in writing".  It's what the lease says that matters.

The HA almost certainly won't write anything that's legally enforceable, because...

• There's no incentive and no requirement for them to write anything 'legally enforceable', 

• Writing something that's 'legally enforceable' could only leave them in the same position, or a worse position. It can't put them in a better position.

As my solicitor said to me "Don't sign any agreement unless signing it is beneficial to you". I suspect the HA might take a similar view over this.

But the HA might give you a helpful (but not legally binding) reply.

sheramber

Your solicittorr can retain a sum to cover the cost of repair and pay it to the seller on proof of the repair being done and paid for.

That is what happened when we bought a house that needed work to be done to achieve building control.

Them agreeing to pay the cost would be difficult to enforce if they are abroad.