Can I refuse neighbor creating terrace/balcony above my kitchen?

[Swallow34]

Hello everyone 👋
I didn't find similar topics online so I decide to get your help 🙏
My upstair neighbour's room window is just above my kitchen's flat roof (kitchen is single storey extension). The neighbour hope to change window to door in order to use the flat roof.

The extension was not done by myself so I'm worrying about the safety for both parties. Also worrying some related issues later on (crack on the ceiling??)

Do I have the right to reject neighbor's proposal as it's my property? Does the neighbour has the right to walk out from the window? Who's responsible for the safety? (Currently it's still a window. It's not designed to walk out but it's possible for people walkout onto the flat roof)

Any feedback welcome, thank you 🌷

There does exist in law the concept that one freeholder might own a property that extends over another property, it's known as a "flying freehold" and it is rare, and a massive pain for insurance, and reduces the values of both properties

any building that is a flat would be a flying freehold by that definition ? Technically?

These are the plans for my house (this is my outing name!)

I own the blue, and my neighbour owns the yellow. They have a bedroom over my dining room.

Definitely do everything you can to stop this. You would have no control over what your neighbour does on your roof and the people who live there in the future may be worse. They might throw a party with 40 people on the terrace and next thing you know they are in your kitchen with broken legs and ribs and lawsuits at the ready.

And who wants to be quietly in their kitchen enjoying a meal while their neighbours are drinking, yakking, tap dancing on your kitchen roof?

No, they can’t do this without pp and building regs. I went through this with a former neighbour and it was a bloody nightmare tbh.

Structural loading is different for a roof and a terrace or balcony. And railings/ballastrude is needed before it can be classed as a living space, they’re notoriously difficult to meet standards according to quite a few builders I know.

Stand firm and tell them no.

Sorry, haven't read the whole thread, but please make it plain to the CF that if he decides to access the flat roof then you will not be liable for any injury to the person caused by this action, but they will be liable for any damage caused by him using the flat roof, as well as making it absolutely clear that he has no permission to access the roof. If he is a CF he might decide to do so when you are out. You couldn't make it up, could you, I can't believe anyone would think it acceptable!

😀 Please do this, OP. Or maybe just paint a big 'fuck off' on the flat roof, as it's yours?

This is the way forward.

He would need freeholder permission as well as planning permission to do this. If he can't get the former there is point him wasting money on the latter.

@Zonder @wildfirewonder @ArdeteiMasazxu @QuintanaRoo thanks for this discussion about flat! I do wonder that so when the neighbour told me the idea first time, I said it might be possible if permission granted (as I was not sure if I have the right to stop his actions)

@StarbucksSmarterSister @LynetteScavo
Point noted 🙏I sent him what's app say No. also thank you @greenacrylicpaint for reminding me about pot scenario👍

I think they might be able to
that said it would need planning permission and I would assume building regulations which would make it capable of being walked on

just knocking a door through and putting a railing round wouldn’t be allowed

Update: after what's app the No message, no response from the neighbour so far.

@MissLucyEyelesbarrowthanks for this bold idea 😂 that helps me release some of the stress 🤯

@eurochick @DemonicCaveMaggot
Thanks for feedback.Legal agreement is key 📝

@Lonelycrab Sorry to hear you went through it, did you to take legal action? Hope it ended ok 🥺

@SussexBonfireViking as others mentioned it's rare case. Don't know your situation but mine is not flying freehold.

I am thinking what @loislovesstewie mentioned, if the person step out from window when I'm out, I won't know it also unable to stop it. Whats the solution for that? CCTV??? 🤔🥴 If I take legal action I'll need footage/evidence?

Do you own your flat? If so they have no rights to your flat roof at all.

If you rent, your LL won't be pleased at the possibility of damage to your roof and I'd seek their help asap.

I've met some CF neighbours in my time but this is a whole other level of batshit crazy!

And what's he gonna do. Pay for a whole new extension to ensure it's load bearing? Or did he think you would oblige?!

Gobsmacked.

OP is there a garden and do you own that?

Update: after what's app the No message, no response from the neighbour so far.

I hope that's the end of the conversation and it doesn't turn into an ongoing saga. If the neighbour really is that much of a CF, unfortunately anything is possible.

www.thewestmorlandgazette.co.uk/news/16598437.property-flying-freehold-asks-solicitor-john-cooke/

One article about flying freeholds.

This: "If part of your freehold property is structurally above another party's property, meaning that you do not own the building or the land underneath, you will have a flying freehold." So no, the roof is your, and they have no right to use it

@SussexBonfireViking a flat is generally a leasehold property, meaning the flat owner doesn't own the actual land underneath it.

A flying freehold is a term used in reference to a property where, in simple terms, the owner owns most of the land underneath the property, except for that part which is above another property. The part above another property is the flying freehold

Thanks all

Every day is a school day

PoseyFlump exactly what I thought. The extension is in my back garden and I solely own the garden and entire building. The neighbour is leaseholder.

@CompleteUnknown that's very easy to understand! thanks 👍

OP said they owned the freehold of the building so I presume the flat above is a leasehold owner

@Swallow34 hopefully that's the last you'll hear of it but it would definitely make me see my neighbour in a different light for even having that thought! Fingers crossed for you that he decides to move 😂

Surely this would affect your privacy in your garden - even if it was allowed or safe to do so I'd object.

That's true @kweeble imagine him sitting there in his budgie smugglers while you're trying to enjoy your garden!

Maybe I'm reading this wrong but where does the idea that@Swallow34 lives in a flat come from? They said there was a flat roof on an extension.

I assumed from the original post that they lived in a terraced house and the neighbour from next door wanted to use the roof of their extension as an outside space. A space that belongs to the OP.

If I have read this right then the CF neighbour cannot add a door to use your roof. What next, a gate in your wall as they want to take over the use of your garden?

@Swallow34 thank you!

I worked in architecture and we had a client who's balcony collapsed through a flat roof.

I bet they'll sneakily use your flat roof anyway :/

He will need planning permission. Which he won’t get. Tell hi check with local planning department.

What a chod.