Neighbour extending house into our roof?

[housingworry]

We own a downstairs flat, with one flat above - we have 50/50 responsibility for maintaing the roof, per the title deeds. My neighbour is about to build a loft extension, which obvioucly affects the roof. I cannot find out if we own half the roof, or half the roof 'space' - after all we would be expected to repair rotten joists etc within it. Any advice?

[Ethel]

My advice is to take all your documentation to your solicitor as soon as possible.

Good luck!

[KARL]

Ethel has given you sound advice. Beyond that I think there is no excception anywhere within the UK that the exercise being carried out must at least first be put as a proposal for the affected owners' comment - for building/planning permission if nothing else. It is normally difficult in this sort of case to get past any (reasonable) objections, the point being that joint responsibility for the resulting roof will endure and if it has been altered without mutual agreement the whole thing is in the air. One advantage other owners may be able to wring out in return for agreement/permission to proceed is that thereafter it is the sole responsibility of the roof dweller to maintain the roof - on top of professional vetting of the work being satisfactory.

[buildersmate]

Agree with Karl - if they go poking holes in the roof for dormers, your maintenance liability in future could be extended. Should be able to allow them to do this only if they accept all future liability for roof maintenance. But this is a legal thing. I assume the flat is freehold, not leasehold?

[kazza12345]

i would imagine they have applied for planning permission? Personally i think that is totally off, and not allowed

[housingworry]

Thanks for all your advice. The flat is freehold ( & in Scotland). I think I really do now need to consult a solicitor, was just trying to avoid due to cost.
Thanks again!

[buildersmate]

You may be able to do an initial assessment yourself by looking at the wording of your property title - look in the obligations and restrictions sections. There will probably be an obligation on you to maintain the roof in a good conditions and another one to contribute 50% of any maintenance undertaken. Under 'restrictions' expect to find something about not altering the roof without the agreement of the other parties. If you've got that in YOUR property title, you can be pretty damn sure THEY'VE got the same thing in their title. That means you have a hold over them and they can't do the loft conversion without your agreement. In that situation I know what I'd be looking for - them to pay you a fee for your agreement to this change which was equal to the cost of your solicitor's fees. That way you free yourself of any obligation in the future on the roof for free, and they gain because they are able to enhance the value in their property by extending it.