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Daily Mirror
Daily Mirror
Zahna Eklund

'My neighbours use their flat roof as an unofficial terrace - it's ruining our privacy'

If you live in a flat or a house with limited garden space, then you'll know just how important it can be to make the most of any outside areas you have - whether it's a balcony or a small patch of grass.

But one homeowner was left fuming when their neighbour decided to start using the flat roof on their downstairs extension as a makeshift roof terrace, as it means that whenever they're sat outside, they can look directly into the gardens of the houses beside theirs.

The anonymous person explained they live in a terraced house that has been converted into flats, and the neighbouring property is also made up of flats, with the top-floor tenants using the roof of the downstairs flat as their unofficial terrace.

The flat roof is an 'unlawful' terrace according to a planning expert (stock photo) (Getty Images/iStockphoto)

According to the homeowner, they have already tried complaining to the council but were told planning permission wasn't needed to sit out on an existing roof.

The person made their complaints public after writing to MailOnline, where they received a response from chartered town planner Martin Gaine.

Martin explained that while he can sympathise with the neighbours' desire for somewhere to sit and enjoy the sun, the planning system deems informal roof terraces on terraced or semi-detached houses to be "unlawful" - because they encroach on people's privacy and can be a source of noise disturbances.

He also disputed the local council's claim that planning permission wasn't required, as he argued that regular use of the flat roof as a terrace was a "change of use" which would need permission.

He added: "Although no physical development has taken place (they have not put up railings to enclose the terrace and don't even leave the stools out there permanently), the use is still unlawful.

"This unofficial roof terrace may also be dangerous. The roof was probably not designed to hold their weight and the absence of railings around the edges makes it unsafe. Since the roof is over the ground-floor flat's extension, the new tenants next door are probably trespassing by climbing onto it."

Martin encouraged the homeowner to speak to their neighbours about the terrace to make them aware of the issues around using it, in the hopes that it will dissuade them from continuing.

But if that doesn't stop them, Martin said the next best thing would be going straight to the landlord of the flat.

He added: "If that fails, their landlord (the owner of the neighbouring first-floor flat) may be able to take action. The freeholders of the building will also have some authority to act if the use of the flat roof is a breach of the flat's lease."

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