License to alter and roof terrace issues

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    License to alter and roof terrace issues

    Hi. Hopefully someone can help me with insight into this situation.
    1) I am a ground floor flat owner ( lease holder ) and also joint freeholder of a 2 flat building. I own the ground floor flat and the owner upstairs has a roof terrace ( demised on his lease) on top of my rear extension. I have planning permission to extend into the side return of my flat, which entails joining the flat roof of the side extension onto one side of the roof terrace.
    It was originally just a roof covering and about 4 years a go the owner reroofed it properly but the edges are wood and rotten. Is it my responsibility ( my builders) during my build to make sure that the whole roof terrace is watertight and sealed as we are going to build just below the roof terrace to avoid joining directly to it? .
    2) I am paying a surveyor to complete the license to alter. He is making me jump through hoops before he will sign it off and I suspect that he is being lead by the other freeholder despite supposedly working in the interest of both of us which is how he should be working. He is also completing the party wall agreement for the upstairs owner as he declined to agree to the party wall agreement. Is there anything I can do to monitor what he is doing/asking for as everything seems to be biased towards the flat upstairs.
    Thanks so much for your thoughts.

    What do your leases say?

    Your leases should say who is responsible for maintenance of the roof and roof terrace.
    As it is an extension, it will not have been included in the original leases and these should therefore have been amended at the time that the extension was built (unless, of course, the leases were both granted after the extension was built).
    It may be that full responsibility for the maintenance of the roof lies with you because it is your extension.

    However, the leases should really have been amended again when the roof terrace was created, with an agreement that the upstairs leaseholder would be responsible for an appropriate part of the costs of maintenance.

    If your leases don't adequately cover who is responsible, it may be that it is the freeholder who is responsible for the costs (or some of them), and you will have to share the freeholder's costs equally.

    Regarding the second part of your question, the surveyor should be informing you of everything that he is doing - so tell him that.


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