Can we take their crap off of our roof?!

[JohnnyMarr]

As the title outlines really...

My elderly mum is endeavouring to sell a garage. She's had a fair bit of interest, but we're experiencing a bit of an issue in that the garage (which is in a block, if this makes a difference) has a flat roof and the people living in the flat adjacent to it have taken it upon themselves to turn said roof into some kind of patio garden area and have installed garden furniture, a washing line, a barbecue and various other miscellaneous paraphernalia!

The title deeds make it perfectly clear that they don't have any legal right to do this, yet despite multiple (perfectly civil) conversations and subsequent written requests to either A) remove the aforementioned crap or B) Discuss an arrangement whereby we come to some acceptable agreement regarding maintenance and repairs to the roof they have failed to engage with either alternative.

My mum's personal circumstances dictate that she really needs to sell the garage and she's becoming increasingly distraught by the current BBQ debacle - whilst I obviously appreciate that this isn't a long term solution, are we nevertheless within our rights to just stick a ladder up there and remove their stuff given their prolonged refusal to cooperate?

I'd also really appreciate any other advice. Solicitors are involved but taking forever and costing a fortune my mum really can't afford until the garage sells so stuck in a bit of a Catch 22

Just a thought.

This is a flat. As they have installed patio doors I’m assuming they own rather than rent. But I’m also assuming they have the leasehold and not the freehold.
Can you find out who the freeholder is and inform them?

Good idea - they may have breached the lease terms...

As tempting as it might be to install a railing or a fence, that could be construed as blocking their fire escape egress. I think I would go with pigeon strips or paint.

Good point re the freeholder - they are unlikely to own the outside walls of the flat. However most leaseholders are investors and not really that bothered. Still think building regs and perhaps your councillor are the best options. No-one wants to be the officer who received an email about a dangerous situation and then didn't do anything about it.

Just when you think you’ve seen it all. They really are cheeky fuckers

How did you get on @JohnnyMarr

Thanks again for all the replies and advice and apologies for the delayed update - although there isn't really much of an update anyway tbf...

OH arrived on Saturday replete with all the fixin's to construct some kind of ramshackle fence on the roof, I was ready and waiting, permanent marker in hand, to adorn his gorgeous phizog with some menacing looking Mexican gang tattoos, and then my mum decided at the eleventh hour that she'd prefer to wait and see what the solicitor advised. Not the way I'd play it given the sheer audacity of it all, but equally I don't want to exacerbate her stress levels

I'm still awaiting a response from the planning department but will chase that up tomorrow, meanwhile if all else fails it's gonna be a toss up between @Justilou1's suggestion of a remake of The Birds, perhaps taking on board the idea of anti-vandal paint but swapping it for an industrial sized jar of Shippam's crab paste or me taking advantage of the unusually balmy weather of late and doing a spot of naked sunbathing on said rooftop. That'd soon have the CFs baording the bloody door up!!

Have you also contacted Building Control at the council? They should have been informed and could need to sign off on a change from a window to French doors, especially at first floor level or higher opening onto a garage roof.

@JohnnyMarr

Thanks again for all the replies and advice and apologies for the delayed update - although there isn't really much of an update anyway tbf...

OH arrived on Saturday replete with all the fixin's to construct some kind of ramshackle fence on the roof, I was ready and waiting, permanent marker in hand, to adorn his gorgeous phizog with some menacing looking Mexican gang tattoos, and then my mum decided at the eleventh hour that she'd prefer to wait and see what the solicitor advised. Not the way I'd play it given the sheer audacity of it all, but equally I don't want to exacerbate her stress levels

I'm still awaiting a response from the planning department but will chase that up tomorrow, meanwhile if all else fails it's gonna be a toss up between @Justilou1's suggestion of a remake of The Birds, perhaps taking on board the idea of anti-vandal paint but swapping it for an industrial sized jar of Shippam's crab paste or me taking advantage of the unusually balmy weather of late and doing a spot of naked sunbathing on said rooftop. That'd soon have the CFs baording the bloody door up!!

The problem is, planning will deal with planning only and they won't get involved in a neighbour dispute. It's not going to be a quick process either.

You need to act on the legal advice and fast.

Don't put your own fence up- that's going to contravene planning too- tit for tat is not the answer.

Three words…..what the fuck?
Absolute cheeky swines!

What is the delay with the solicitor?
I assume you are chivvying him/her along?

Time to break out your Eau de Nil wool sheath dress and matching coat, grab your pearls and pump… Ensure your hair is lacquered to the gods and your lipstick is the perfect shade of icy pastel pink.

*pumps

@Justilou1

Time to break out your Eau de Nil wool sheath dress and matching coat, grab your pearls and pump… Ensure your hair is lacquered to the gods and your lipstick is the perfect shade of icy pastel pink.

🤣🤣🤣

I've got a real hankering to watch The Birds now.

They're absolute muppets but I understand why your mum doesn't want the stress. They will not move until you've spent ££££ getting them removed so save the time and money and just remove their stuff this weekend.

Cheeky fuckers. Can't believe they actually built doors to use the roof.

@JohnnyMarr any updates on this? I’m still absolutely incensed on your mums behalf

@DriftingBlue

As tempting as it might be to install a railing or a fence, that could be construed as blocking their fire escape egress. I think I would go with pigeon strips or paint.

No one is entitled to claim a right of way because they choose a fire escape over neighbouring property.

Before the doors were there, there was almost certainly a window overlooking the garage which would have provided a fire escape by window egress from the room. This is common in flats or houses that overlook other property and has probably been the case for as long as it's been a flat, so they may be able to formalize their right to use the roof for a fire exit.

Saying you shouldn't just block off someone's fire escape isn't the same as saying they are entitled to keep using the roof as a balcony. It's pointing out that you endanger lives if you try to enforce your rights over the garage roof by blocking the fire escape and it's not an ethical way to go about it (and may cause more legal hassles which, even if the OP's mum triumphs, are not what she wants at the moment).

OP if you report it to town planning officer they'll put an order on it so they'll have no option than to either do it themselves or agree you have it removed as there's no choice at that stage. Ultimately you are responsible for the order to be obeyed though.

I depends how long ago the doors were put in. If it's longer than 4 years ago then planning won't do anything. It's Building Control who can act in these circumstances.

Any update OP?

Could report it to building control as a dangerous structure (unsafe balcony). They might look into it as an urgent matter. However, it'll be down to the building owner to make it safe/prevent unsafe use, so you might be shooting yourself in the foot. Although having a statement from building control condemning the balcony would be good to back up a cease and desist demand.

You could also print out formal notice to owner type documents and affix them to anything on the roof. Along the lines of 'you have 14 days to remove this property otherwise it will be considered abandoned and disposed of'. If you know who fly tipped it there, you could even bill them for removal/disposal fees.

Changing a window to a door surely needs building control sign off and a door opening onto the roof of a garage you don't even own which is inherently unsafe would ring loud alarm bells.

What happened with this @JohnnyMarr ?

Hope it all got sorted