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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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Do i need to pay to my roof if the upstair owner

Customer Question

do i need to pay for repairs to my roof if the upstair owner has extended into the roof space
Submitted: 12 months ago.
Category: Property Law
Expert:  Buachaill replied 12 months ago.
1. Can you clarify the situation please. Has the upstairs owner, only extended internally within the roof space or has the upstairs owner used some of the roof area for his extension? Are you in a freehold or leasehold premises? What covenant to repair the roof exists? Do you have any area of roof which is separate from the area of the upstairs owner?
Customer: replied 12 months ago.
there are two dormer windows to the back of the property and three velux windows to the front. I own the downstairs flat and my nieghbour upstairs owns theirs. I DONT KNOW ABOUT A COVENANT
Expert:  Buachaill replied 12 months ago.
2. Here the repairs to the roof would be borne rateably with the upstairs owner. If there are only two of you in the building then you would share the costs equally between you. Here, so long as the upstairs owner does not use the roof area for personal use, the costs of repair of the roof are borne rateable or equally between you. The fact that he has now put velux windows in the roof does not increase his liability to repair the roof, I regret to say.
Customer: replied 12 months ago.
THE UPSTAIRS NIEGHBOUR USES THE SPACE AS BEDROOM AND A BATHROOM
Expert:  Buachaill replied 12 months ago.
3. But is this solely the internal space or is there an element of using the external space of the roof?

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