Legal Q&A: can we make a garden on the flat roof outside our leasehold flat?

Question: We have a top-floor leasehold flat. There is a flat roof area outside our sitting room window which is not really used for anything other than the air-conditioning units for the whole block. What would we need to do if we wanted to open up our flat to access that area and make it into a roof garden? No one has access to the roof apart from us.

Answer: Check the terms of your lease for restrictive covenants prohibiting such alterations to your flat and to confirm ownership of the roof area, although it is likely to belong to your landlord.

If that is so, contact your landlord to see if they have any interest in granting you a lease of the flat roof area.

If they do, you will need to research how feasible it is to use the flat roof for a roof garden.

Present your findings to your landlord so they can make an informed decision and hopefully grant you the lease of the flat roof and give consent for you to undertake the necessary alteration and works.

Obtain a report from a structural engineer to see if the roof is structurally sound enough to support a roof garden.

Seek advice from a chartered surveyor/architect regarding planning permission and building regulations consent, and in relation to the design of the roof terrace and access to it.

A new lease would be necessary and it would be usual for your landlord to require you to pay a premium for the flat roof plus their lawyer’s and other experts fees, eg surveyor’s fees.

Email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here.

Fiona McNulty is a solicitor specialising in residential property.