Illegal roofdeck on extension roof?!?! HELP!!!!

Ok, unless this is a two-unit coop or condo, there is a condo or coop board here that rules – it isn’t a question of just you and the downstairs neighbors – it isn’t between you and them at all – it is a BUILDING problem. Sure, your tiles set right on top of the roof is probably not a legal terrace; then again, probably no one knows if the extension was built legally when it was built, either. These old brownstones are full of illegal work. Generally, if you are one sitting with things stuck directly on a roof, even if that thing is a legal deck raised properly off the roof, and the roof under it leaks, the coop or condo will make you responsible for fixing it. Even if the coop or condo is in need of a new roof generally, and so is getting a new roof and doesn’t make you pay for it, then it will be your responsibility to remove your terrace and deck and whatever else is stuck on there, so the roof can be repaired by the coop or condo. This has likely been the case as long as the terrace has been there, and nothing about this changes when the unit is sold. The downstairs neighbors may be grumbling, but unless the coop or condo board is making issues with the sale, the sale should go through. If I were you, I’d find out: (1) when the roof on the terrace was last reroofed or repaired – your attorney should be finding this out about all the roof areas and all of the exterior of the building that needs maintenance (bricks pointing, facade work, waterproofing on the back, if any, etc.) as part of their due diligence; (2) if there have been any leaks from this roof to the unit below, so you’d have a heads up if you will be responsible for fixing them, and perhaps can negotiate something so that the sellers will fix them or put money in escrow for fixing them before they are out of the picture; and (3) if there is some agreement that your sellers have with the coop or condo about fixing any roof problems under the terrace, and whether that agreement and responsibility gets passed on to you. You should be talking to your attorney about this – and if you don’t have one, get one immediately. That’s what they are for. You are buying a place with a terrace that is not up to code, so you know that at some point, you may have to put money into it, no? Talk to your lawyer!!!

If the addition wasn’t designed to handle the loads associated with a terrace – and it almost certainly wasn’t, then your neighbors have a legitimate concern. But I have the same question as @bored at work about why this is an issue after +/- 30 years…is there damage or leaking to the addition? Or are they just deciding now that someday there might be a problem so they should speak up now? If the addition is pre-1938, and you can prove this – usually with an old Sanborn map that would show the addition in place back then – you could then build a legal terrace. But that may involve putting some new beams above the addition roof to transfer the weight directly to the walls, rather than to the undersized rafters. I don’t see how you can close on the apartment without knowing whether you’ll have a terrace or not, as the value is significantly lower with no terrace. jcarch ———————— James Cleary Architecture brownstoner.staging.wpengine.com/jamescleary

If you have a clear title report and no outstanding violations on the property (in other words, if the extension was built with permits and is legal and somehow the “terrace” passed under the radar), I am not sure what the issue is at closing. After the closing, though, you will have to deal with your neighbors and their issue regarding the terrace. If they complain and the terrace is declared by DoB as illegal, you will have to tear down and rebuild according to code. Or, you can negotiate with the neighbor to see if you can reach some kind of accommodation, but that doesnt prevent another neighbor from complaining about the situation. Another route may be to seek an allowance from the seller for the repairs that will likely be forced to make. Why are the neighbors suddenly now concerned when the terrace has been there since the ’80s?