Flat Roof Terraces

Thursday, 10th September 2009
Surveying

Flat roofs to single storey rear extensions make such ideal terraces it is surprising that you don’t see more of them. The problem is of course that it’s very hard to get planning consent for them. If you live in close proximity to your neighbours any sort of raised platform will overlook them and for that reason permission is normally refused.

But what about is you are buying a property and the owners are already using their flat roof as a terrace? How can you be sure that the local planning office won’t make you remove it if they find out?

The first step is to check whether the use is unlawful. Start by checking the original planning consent for the extension and see if any of the conditions prohibited the use of the flat roof as a terrace. These days the condition is virtually always inserted but that was not always the case. If the extension did not require planning consent i.e. it was a permitted development then it will be governed by The Town and Country Planning (General Permitted Development) Order 1995 which automatically excludes the construction or provision of balconies, verandas or raised platforms.

So what can you do if you think that the roof is being used as a terrace unlawfully by the current owner? Well, it all comes down to timing, the local planning office can take action against breaches of planning control arising from building operations for up to 4 years from the commencement of the breach. So if the owner has been enjoying the use of their flat roof as a terrace for more than 4 years the planning office have missed their chance and the owner can apply for a Certificate of Lawful Use.

Finally, what is the position if the terrace is being used by the owner of a converted flat rather than a house? The planning regulations are the same but the additional consideration relates to the Freeholder. Significant changes to a leaseholder’s demise will normally require a license from the Freeholder. The Freeholder cannot withhold consent unreasonably but it will be up to the leaseholder to prove that the new terrace will not have a detrimental effect on the building or the other leaseholders.

My wife and I engaged Peter Barry Surveyors to carry out a Level 2 RICS survey, and we were extremely satisfied with both the customer service and the professionalism with which the survey was conducted. The report we received was thorough and included several useful observations and recommendations. For instance, the surveyor identified some structural issues with the roof of the property we are considering purchasing, which we had not noticed ourselves. We were also offered a follow-up call with the surveyor to discuss the findings in more detail, which was very helpful. I would also like to give special recognition to Joanne for her outstanding support and responsiveness throughout the process. She was incredibly professional and helpful, always providing the information we needed and promptly assisting with coordinating follow-up questions with the surveyor. Overall, great service, excellent communication and a very quick turnaround time. Highly recommended!
We were extremely happy with the service we received from Peter Barry - prompt, efficient and very professional. Would definitely use them again if required.
Excellent experience. We used them for a specific defect report. Very helpful surveyor who talked me through everything and outlined a range of possible solutions. Highly recommend.
Response from the owner:Thank you for your kind feedback. We're delighted to hear that our surveyor took the time to talk you through the specific defect report and outline a range of possible solutions. We appreciate your recommendation.
I had a great experience with Peter Barry Chartered Surveyors and used their services for a party wall agreement. I worked with Callum, who was extremely professional, and knowledgeable throughout. Communication was excellent, and he always followed up promptly. I would highly recommend their services to anyone looking for a reliable and professional surveyor.
Response from the owner:Thank you for your kind feedback. We're delighted to hear that Callum was professional and knowledgeable throughout your party wall agreement, and that communication was excellent. We'll be sure to pass your comments on to him, and we appreciate your recommendation.
Top Service!
Response from the owner:Thank you for your kind feedback. We appreciate your review.
Response from the owner:Thank you for your 5-star rating. We appreciate your support.
Call Now Button