building new house on LEASEHOLD land

hamblettamaud

Hello.

One of my relatives has given me permission to build a house on his land. I have the planning permission and building control done. However, the land itself is leasehold, not freehold.

So will there be any restrictions? Can the lease-owner (I don't know who that is) prevent me from building on the land legally? Can I buy the leasehold against the lease-owner's will?

All advice welcome. Thanks, Hamble

seabright

Without having seen the lease I can't be sure, but I suspect the lease will not allow you to do this.

The land (and any building) will still belong to the leasehold and will revert to the freeholder when the lease ends or if the lease is forfeit.

Get a copy of the lease, from your relative or the Land Registry and see what the lease say, but my betting is, you won't be able to do it. Sorry

daveyjp

You need a copy of the lease to check details.

It's only a contract and a leaseholder can allow virtually anything if the number of pound notes offered is enough!

gauly

Don't you get permission to buy the lease for a house after a couple of years living there? Maybe your relative could buy the lease for the land?

hamblettamaud

seabright wrote: »

Without having seen the lease I can't be sure, but I suspect the lease will not allow you to do this.

gauly wrote: »

Don't you get permission to buy the lease for a house after a couple of years living there? Maybe your relative could buy the lease for the land?

I had suspected that I can buy the lease, even if the leaseholder objects, but I'm not sure where I heard this. It seems a shame after having got planning permission and building control that I may not be able to build my little castle afterall.

seabright

You can buy the lease if the leaseholder (your relative) will sell. You would then be the lessee and would have to abide by the terms of the lease or get the freeholder to agree to a variation.

The general rule (there are some exceptions) is you can get a lease extension once you have owned it two years. You can, once the criteria have been fulfilled, force the freeholder to sell you the freehold, if it's a freehold house, but again, there are exceptions.

You need to see the lease and discuss with the freeholder.

Bear in mind even if you can do it and you build, you won't own it, your relative will, unless you buy their leasehold interest in the property.

hamblettamaud

seabright wrote: »

You can buy the lease if the leaseholder (your relative) will sell. You would then be the lessee and would have to abide by the terms of the lease or get the freeholder to agree to a variation.

The general rule (there are some exceptions) is you can get a lease extension once you have owned it two years. You can, once the criteria have been fulfilled, force the freeholder to sell you the freehold, if it's a freehold house, but again, there are exceptions.

You need to see the lease and discuss with the freeholder.

Bear in mind even if you can do it and you build, you won't own it, your relative will, unless you buy their leasehold interest in the property.

Thanks, Seabright. Great advice and info. Hams