• Freeholder Permission For Building Roof Terrace

    By Guest on 20th Feb 2017

    I own a flat in London on the 1st and 2nd floor of a 3 level Victorian house conversion. If possible I would like to put a roof terrace on the flat roof of my ground floor neighbour's back extension. My neighbour and I share the freehold. I chatted with my neighbour who verbally indicated that he would not object to this, but I'm not sure if this verbal consent is enough for me to go ahead, in case he changes his mind later. Do I need to get my neighbour's consent in writing or is verbal consent enough before I go ahead and apply for planning permission etc.?

    Thanks for your help.

  • 3 Answers

    By Guest on 20/02/2017

    You should have your lease varied so that the external surface of the roof is included in the "demise", or at least so that you have a right to use it. Otherwise you will have difficultly when you sell as any agreement you reach which not be enforceable by your purchaser against the joint freeholder. You will probably be asked to take on responsibility for maintaining the flat roof in return and you should bear in mind any cost implications of this as flat rooves have a limited life span. You should definitely instruct a solicitor to draw up the lease variation especially if you have a mortgage

  • By Guest on 21/02/2017

    Thanks for your help.

  • By Guest on 21/02/2017

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