Decking on flat roof used as terrace- damp caused

[mazling]

The flat-roof above my bedroom is being used for the flat above's roof top terrace. They have decking on it! The problem has caused an on-going damp issue and the lease holder above refuses to do anything about it saying that they have no money!

I don’t think that it meets building regulations and I am unclear whether they had planning permission. They say that they did as they would not have been able to get a mortgage, however they dont even have a proper door leading out to the terrace- just a window they climb through!

What is the best way forward with this? Should I contact Building control/ regs if they refuse to do anything?

[mind the gap]

Absolutely. The fact that there is no door to it may mean that the roof may never have been intended to bear the weight of people clambering about on it. And even if it is strong enough, there is clearly an issue with your loss of amenity/extra noise disturbance.

Ring the planning dept up and tell the what you have told us.

Are you a tenant of the ground floor flat, or the leaseholder?

[Always Problems]

What is the covering over the flat roof. If it is felt they may have punctured it with the decking. Its not your concern whether its a planning matter or building regulations, your concern is the damp. You take photos of the damp, hopefully you had a witness when the decking owner said that they could not afford to pay for the repair (as this is an admission of liability) you go to a solicitor and he gives the decking owner 7 days to stop the damp (and pay for your decorating costs ?)or you will have to take the matter further. Informing the council is another matter.

[Richard Webster]

What is the covering over the flat roof. If it is felt they may have punctured it with the decking. Its not your concern whether its a planning matter or building regulations, your concern is the damp. You take photos of the damp, hopefully you had a witness when the decking owner said that they could not afford to pay for the repair (as this is an admission of liability) you go to a solicitor and he gives the decking owner 7 days to stop the damp (and pay for your decorating costs ?)or you will have to take the matter further. Informing the council is another matter.

I agree. It would be unusual for the roof over your bedroom to be included in the upstair's flatowner's lease and assuming it is not included then he has no right to install decking on it.

[mk1fan]

The fact that there is no door to it may mean that the roof may never have been intended to bear the weight of people clambering about on it.


I'd be more concerned about this than the damp. If they are using it for socialising then the weight of people, furniture, plants etc... could very easily cause it to collapse.

Without knowing how it's constructed then I'd be very weary of being in the bedroom. Even more so if the structure is being damaged [weakened] by water penetration.

As asked above are you a tenant or a Leaseholder? Eitherway the Freeholder needs to be informed of the situation quickly.

It's interesting that people have the money to build a deck, fix a handrail and put furniture/plants but not to put right the damage they cause.

[mazling]

Thanks everyone,, we are all leaseholders and the freeholder is aware of the decking. I am in the process of trying to establish an amicable solution but I may need to go through the legal channels. I have everything in emails which I have kept including photos. Thanks again!

[Always Problems]

I may need to go through the legal channels.

You may find that a simple solicitors letter will sort the problem out.
Disclaimer. No solicitors are simple and no offence or insult was intended.