Flat roof: Can you use it to sit out on?

Rowley Birkin QC

We're looking at a property that doesn't have a garden. What it does have is a flat roof where the kitchen was extended previously.

Spotted this today http://www.daft.ie/sales/3-saint-marys-terrace-stoneybatter-dublin/1057086/ and noticed on picture 12/13 that they had put a "sun terrace" on the flat roof.

What's the legal situation here?

Cheers.

Atlantic Dawn

I would imagine as it would overlook the neighbours property it would require planning permission and may not be possible to get such permission.

The_Morrigan

Rowley Birkin QC wrote: »

We're looking at a property that doesn't have a garden. What it does have is a flat roof where the kitchen was extended previously.

Spotted this today http://www.daft.ie/sales/3-saint-marys-terrace-stoneybatter-dublin/1057086/ and noticed on picture 12/13 that they had put a "sun terrace" on the flat roof.

What's the legal situation here?

Cheers.

Mod Note
If you want the legal situation clarified, please seek advice from a solicitor.

Victor

Will you fall off the roof?

Will you fall through the roof?

Will you damage the roof, causing it to leak?

What if someone drops something off the roof?

Will the neighbours think you are spying on them?

If there is no remaining garden, does the property have planning permission?

Is it practical to comply with all of the above, within your budget?

How will your insurer view the roof? For leaks, falls, public liability, etc.?

Flood

Deck it and rail it and buy the bbq.

ted1

If I was a neighbour I'd look for a planning enforcement to take it away. Complete loss of privacy

Bicycle

We have a flat roof as part of an extension. We put a sliding door type window out on to it - as a fire escape. The planning department got wind of it (i.e. complaints from a neighbour) and informed us that we were not allowed use it as a balcony. We had a visit from the planning officer who agreed that although it was "most unusual" we were not creating a balcony so we were allowed continue. They were satisfied that the height of the window indoors (about 30 inches off the floor) deemed it a window not a door. Even if it looked like a door externally.

However, we were warned that if we did start using it as a balcony, we would be subject to sanctions and precluded from using it as same.

Gumbo

Bicycle wrote: »

We have a flat roof as part of an extension. We put a sliding door type window out on to it - as a fire escape. The planning department got wind of it (i.e. complaints from a neighbour) and informed us that we were not allowed use it as a balcony. We had a visit from the planning officer who agreed that although it was "most unusual" we were not creating a balcony so we were allowed continue. They were satisfied that the height of the window indoors (about 30 inches off the floor) deemed it a window not a door. Even if it looked like a door externally.

However, we were warned that if we did start using it as a balcony, we would be subject to sanctions and precluded from using it as same.

You have bigger problems here.
Compliance with Part B and Part K of the building regulations.

If it is a fire escape the area outside the window has to be deemed safe for refuge, that means engineered design of the roof with appropriate guarding and hand rails around it. I'm very surprised the planning enforcement officer didn't refer it to Building Control, they do in Dublin City.

PS. 30 inches is about 750mm from the floor, it just about passes the regulations as a window

Bicycle

kceire wrote: »

You have bigger problems here.
Compliance with Part B and Part K of the building regulations.

If it is a fire escape the area outside the window has to be deemed safe for refuge, that means engineered design of the roof with appropriate guarding and hand rails around it. I'm very surprised the planning enforcement officer didn't refer it to Building Control, they do in Dublin City.

PS. 30 inches is about 750mm from the floor, it just about passes the regulations as a window

Its OK, we didn't specify it as a fire escape in the planning permission Its just a normal suburban house. And a first floor window. The structure underneath is solid, reinforced concrete.

But if there was a fire, it would be much easier to escape into the garden that way than getting out one of the other windows. And yes, all the other windows meet the regulations to allow someone escape through them.

Gumbo

Bicycle wrote: »

Its OK, we didn't specify it as a fire escape in the planning permission Its just a normal suburban house. And a first floor window. The structure underneath is solid, reinforced concrete.

But if there was a fire, it would be much easier to escape into the garden that way than getting out one of the other windows. And yes, all the other windows meet the regulations to allow someone escape through them.

That's fair enough. Asking as there's another window from the same room you are covered.

But just because you didn't specify it for planning means nothing. The Building Regulations kick in after the planning is granted and the planning being granted doesn't exempt you from the regs.

Sounds like your sorted though.