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Who owns the loft space?

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Comments

  • chappers
    chappers Posts: 2,988 Forumite
    do you currently have access to the loft, it may well be part of the demise, but you would almost certainly need permission from the freeholder to develop it and as part of that permission they may make you take over sole responsibility for the repairs to the roof.
  • HampshireH
    HampshireH Posts: 4,473 Forumite
    First Anniversary Name Dropper First Post
    I would be interested in knowing if your freeholder agrees to this? Is it just a block of 2 flats or is your flat part of a bigger area such as two up two down?

    I expect it unlikely your freeholder will are to you developing it. Your neighbour downstairs has their services up there and also have a right to access these. How would you overcome this in your development?
  • HampshireH
    HampshireH Posts: 4,473 Forumite
    First Anniversary Name Dropper First Post
    * apologies for odd spelling. Would appear the new Android update has full control of predictive text and changes actual words which were intended
  • HampshireH wrote: »
    I would be interested in knowing if your freeholder agrees to this? Is it just a block of 2 flats or is your flat part of a bigger area such as two up two down?

    I expect it unlikely your freeholder will are to you developing it. Your neighbour downstairs has their services up there and also have a right to access these. How would you overcome this in your development?

    It's the top floor in a Georgian terraced house. There are only two flats. We're the only ones with access to the loft (via our bathroom). It's not something that can be sold on the open market.

    Neither of the water tanks is in use (we have combi boilers). The downstairs people have no interest in the space. They'll be inconvenienced slightly during the build, but the end result with actually benefit them.

    I can't see why the freeholder would oppose the loft conversion, but he will probably want money for the space. The two houses on each side already have domers. So I'm not that concerned that he or the council will say no. It's just a matter of negotiating a price that we're both happy with.
  • HampshireH
    HampshireH Posts: 4,473 Forumite
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    Thankful that makes it much clearer. If the tanks are redundant it may be easier. Had they not been I expect it would have been unlikely.
  • chappers wrote: »
    do you currently have access to the loft, it may well be part of the demise, but you would almost certainly need permission from the freeholder to develop it and as part of that permission they may make you take over sole responsibility for the repairs to the roof.

    We're the only ones who have access to the loft. When we bought the flat, the vendor's solicitor argued that it is part of the demise, but as it's not mentioned in the lease, our solicitor disagreed.

    The lease clearly lists what's included in the demise. It also lists what is not (i.e. what belongs to the downstairs flat), and what is shared. There's no mention at all of the loft. The paperwork was done in the 50s, and has been amended twice since then. None of these documents mention the loft space.
  • vivatifosi
    vivatifosi Posts: 18,746 Forumite
    First Anniversary First Post Mortgage-free Glee! PPI Party Pooper
    If it is Georgian, then you want to look at listing issues too in case you end up paying for something that you can't develop.
    Please stay safe in the sun and learn the A-E of melanoma: A = asymmetry, B = irregular borders, C= different colours, D= diameter, larger than 6mm, E = evolving, is your mole changing? Most moles are not cancerous, any doubts, please check next time you visit your GP.
  • vivatifosi wrote: »
    If it is Georgian, then you want to look at listing issues too in case you end up paying for something that you can't develop.

    It's not listed. Nor are we in a conservation area. The houses on either side, which are more-or-less identical, have dormers. We've gone to look at the house next door to see how much space we'd get.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
    First Post Combo Breaker
    It's not listed. Nor are we in a conservation area. The houses on either side, which are more-or-less identical, have dormers. We've gone to look at the house next door to see how much space we'd get.

    The fact the neighbours have had conversions in the past doesn't automatically mean you would get permission to do the same though.
    "In the future, everyone will be rich for 15 minutes"
  • EachPenny wrote: »
    The fact the neighbours have had conversions in the past doesn't automatically mean you would get permission to do the same though.

    Do you mean from the council? Obviously, there are no guarantees, but I'm fairly confident that they won't object. They've given planning permission for several identical conversions on the same street in the past few years, including one two doors down in 2015.
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