Demised Premises Liability for a Roof Terrace

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    Demised Premises Liability for a Roof Terrace

    Good afternoon (first time so excuse poor etiquette),

    To summarise the situation: I am purchasing in the top floor flat in a terrace building where there are two flats below me. A large part of the roof is flat and I am thinking of asking for this to be included in the demised premise, with the idea of making a very private roof terrace.

    There are only a few houses like mine and to date no one has a roof terrace, therefore, there is no planning permission precedent. That said, is it not street facing, it would not block any views or allow me to see anything I cant currently out of the lounge. Moreover, adequate privacy screens would be use. That is to say, I think there is a good shot of getting planning.

    Essentially, my concern is that the freeholder writes into the lease agreement that the flat part of the roof is within the flats demised premise, I go for planning but do not have it granted, and then am left liable for an area for which I have no use.

    Am I correct in believing that it would become my obligation to fix the flat part of the roof? Would you suggest getting insurance against the risk of this or would it be very expensive?

    I understand there is no wording from the lease included in this question at this stage, and so kindly ask you to comment based on standard lease wording, of course to the extent that is possible.

    Thanks for your help in advance!

    #2
    Why would they do this without a) payment b) full protection for the FH and all other lessees against any risks?

    You can ask the question. They can say whatever they want to say.,

    Is the roof on top of anyone other than you?

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      #3
      Is this the grant of a new lease or are you taking over an existing lease?

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