another roof terrace dilema

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    another roof terrace dilema

    Hi there,

    I know there have been several posts on this before but each case poses a new problem.

    I puchased a flat 4 months ago with share of freehold with 3 other flats. It is on the first floor of a house conversion, with the main bedroom stepped down at the rear of the property as part of an extension. This room has nothing above but a flat felt and gravel roof. There is a flat above in the main house.

    The view from my second bedroom is directly onto this roof and when stood in the room it sits at eye line directly to the right when looking out of the window.

    About a month after i moved in i was shocked to come home one day and found the neighbour had started building a decked terrace on top of this which would have a 1.8 metre high fence around. No consulting or mention of anything. This would have blocked all sunlight into the rear window, not to mention the roof is not structurally supportive, Privacy into the rear and also the sound of parties and people on there.

    He received planning permission for this from the council 4 years ago, however, because the previous owner had rejected it on the grounds of noise, structural stability and privacy this was not built.

    Month 1 of me living there and it was half up! after a few weeks of backwards and forward dialogue and threatening of legal action this was removed.

    However, i came home this week to find outdoor floor tiles have been put directly onto the roof instead, with a small bench fixed to the wall. When asked to remove this he claims it is there to protect the roof whilst he waters his plants and will not be used for sitting or walking on. The plant pots were there when i moved in.

    Again, i have mentioned the structural stability of the roof along with the other arguements listed but his response is he is protecting the roof and not using it!

    What would be the plan of action now? if i contact the council what view would they take based on his arguement.

    Patience wearing thin,

    Thanks,

    B.

    #2
    Planning permission usually has about a two year time limit, although you need to look at the actual decision to find this out.

    If you believe the roof is now overloaded, you could raise a building control violation report with the council.

    The entity (company or tenants in common trust) could take action, given a decision consistent with its constitution.

    You might be able to take action, under the lease, but that would depend on the wording of the lease.

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