Loft conversion urgent advice needed...!

sallyL

I am about to purchase a first floor one bedroomed flat and share the freehold with the downstairs flat. I wish to convert the loft space but am unclear as to my rights. Can anyone advice me based on the following;
-the lease specifies that I would own the roof and joists and beams beneath the floorboards of the upper flat. The loft is not drawn in the lease floor plan.
- the neighbours have their water tank in the loft and the lease states that they are jointly responsible for the repair of the roof
-the lease also says that I would need the neighbours written approval to make any structural alteration,not to be unreasonably with held

We have approached the neighbours who have stated that they are not keen on the loft development and said that they might need to verify who owns the loft space

Where do I stand...any advice??
Thank you

Richard_Webster

What does your solicitor say? He will have read the whole of the lease.

From a practical point of view if the other flat owners don't like the idea, walk away. When you have these two flat shared freehold situations the personalities of the people concerned and a possibility of them being difficult further down the track can be more important than the strict legal position.

sallyL

Thank you.

Solicitor says there is no reference to flat owning the "roof space" just the "roof"; for this reason it might be arguable that the loft is implicitly included.

She also also says that alterations cannot be made without the approval of neighbour and this cannot be unreasonably withheld. It is unclear to me what arguments could be considered reasonable.

googler

Does your flat have a water tank in the loft space as well as the neighbour's?

What would you do with theirs if you did convert? Leave it in place and build around it? Move it?

It strikes me that you might not be able to make an informed decision on the roof and roof space without also seeing the deeds for the flat below..... not just those for the flat you're thinking of purchasing.

Yours make no mention of the roof space - what if theirs does?

sallyL

The flat I am buying has also got a water tank in the loft

As far as I am aware there is no mention of roof space in the other freeholder's lease

I was also told that getting planning permission might give me a stronger case to get the joint freeholder approval

googler

sallyL wrote: »

I was also told that getting planning permission might give me a stronger case to get the joint freeholder approval

So you'd apply for planning in order to, effectively, over-ride any objections from the neighbours? The fact that planning is granted devalues their case and strengthens yours?

If you're planning on living there yourself, that sounds like a guaranteed way of ensuring that you NEVER get along with them. Good neighbours who take parcels for you when you're not at home, keep an eye out for you when you're away, etc are a boon. Force the conversion upon them like this and you're virtually assured that they'll never speak to you, nor lift a finger to help you.