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 🌷

We have a roof terrace above our kitchen extension (we own whole house) but it’s built specifically for that purpose and significantly reinforced. You can’t just go stomping around on any roof.

We still use it relatively lightly.

I assume from the OP where she mentions her "upstairs neighbour"?

might the roof be a good space for your air source heat pump?

If it's above you , and it's structurally sound. He would have to get planning permission. Why would you object ?

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. Best avoided.

It's not a massive pain at all. My daughter bought a terraced cottage with a flying freehold, and the one off insurance (which only needs taking out when the house is bought/sold) wasn't expensive at all.

Oh I don't know, perhaps loss of privacy, sound issues and the fact it would almost certainly impact on the resale value?

@Swallow34 for £6 you can down load the register and plan of the neighbours leasehold from Land Registry. https://www.gov.uk/search-property-information-land-registry

I suspect the plan will show the extent of his leasehold property is the wall with the window in. I very much doubt he will have access to the roof other than for repairs, although that is likely to be your responsibility as freeholder.

For another £6 you can download your freehold plan. Freehold usually means you own all the property from the centre of the earth to the sky, unless there are flying freeholds, leaseholds and other covenants etc. all of which are mentioned in the register/deeds.

So in your case the kitchen part of your freehold property will own “the air above” unless the deeds/register specifically exclude this.

A good example of exceptions are tube lines, mines etc.

Simply put he only owns the property to the window of his flat not the land outside it.

My kitchen extension used to have a balcony on top but the floor/roof was leaking and needed replacing. The builder gave us the choice of replacing the roof as just a flat roof, or replacing the roof with something strong enough to use as a balcony. The difference in price was over £20k.

So for your neighbour to use it as a balcony the existing roof would have to come off and be replaced with a stronger structure, which will fuck up your kitchen and obviously isn’t acceptable. Just say no because the roof isn’t designed to support the weight.

@Maddy70 I'm scratching my head at your comment. It's easy to be generous with someone else's property but would you really not object if this was your property? Strange.

We need a diagram!

Aside from that, of course you can refuse her something on your land.

Yep, missed that

Although, then goes on to say they own the whole building.

Even if it's strong enough to cope with being walked on, it's not his roof.

It seems extraordinary to me to assume you have the right to use your neighbour's roof, even with planning permission.

Wow, didn't expect to get so much feedback, I've learnt a lot 📝 thank you all 🤗

@Spamlla 20k for roof! Then he needs to renew my whole kitchen😂 thanks to share this insight!
@Tippingadvice I see, I know I'm responsible for the building and land but was not sure about the air /sky space above. I'll check the deed !

@TheFireflies noted.that's very useful insight 🙏

Not exactly the same but my neighbour tried to tell me he was ok to block me in on my dropped kerb white line as he would 'look out for me wanting to get off my drive'

However it's proper entitled behaviour from your neighbour trying to use your space. As PP has said cats make noise on a flat roof let alone people using it as an extra room