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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10772
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I own a detached house which has a flat roof on the 1st floor

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I own a detached house which has a flat roof on the 1st floor at the rear of the property.
I often like to sit sit there with friends and look down the garden. For safety I put a railing but the local authority have told me to remove it ,as it is now a balcony.
Am I entitled to sit on my flat roof once the railing is down.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

On the basis that your property is Freehold, neither the Council or anyone else can prevent you from sitting on the roof, full stop. It is only when you start to make alterations that you may be caught be planning legislation.

I hope this clarifies the position to you.

Kind Regards


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Customer: replied 3 years ago.

thought the purpose of this site costing me £32. was for legally binding answers


I have answered your question, in that there is nothing stopping you from sitting on the roof, once the railing has been mremoved. As a Freeholder of a property, no third party can tell you what you can and can not do in your own home, unless it breaches planning law.