Property experts - 100% liability for roof of shared house?

[Workshy Fop]

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Edited by Workshy Fop on Friday 11th June 11:54

[mgtony]

In the legal documents, is the upstairs flat also 50/50 responsible for the damp course? ie both properties did share cost for either roof or damp course issues.
There may be a way accept the conditions of the roof and negotiate not being liable for the damp course.

[Workshy Fop]

One of the questions for tomorrow is whether the downstairs is 100% liable for the foundations and us for the roof. This is actually the common law position.

[JQ]

I think that's pretty normal. It would have been a negotiation to get permission to develop the loft space, as without the ground floors consent to such a development it could not have gone ahead. So rather than bung the downstairs flat some money, the current owner took responsibility for the roof.

You can't now go back and renegotiate the deal as you weren't party to it.

If you're happy with the situation and responsibility for the roof then it should not be a problem. However, it should reduce the value of the flat in comparison to other 2 storey flats as there is a greater financial burden. Speak to your surveyor when getting it valued and make sure he knows all about it.