Help! How Do I Build An Extension On A Flat?

Jeffrey_Shaw

1. If the extension will protrude beyond the existing leasehold's extent, the lessee will need not merely:
a. the lessor's consent to alter; but also
b. a supplemental lease for the extension's land.

2. Even that would be impossible if the extension land is:
a. demised by the lessor to someone else; or
b. not owned by the lessor at all.

propertyman

Ditto much of the above.

You say it includes the garden and therefore it is this that you start with, not permissions costs and planning.

You need first to understand whether the garden is part of the lease, if so, if it's use and ownership is limited eg you only own a certain depth of the garden, you can only use the garden as a garden, or that you would not ownit and it is merely a right to use it and an obligation to mow it etc. That means that it is not a matter of getting permissions but buying the garden, from the freeholder, as well.

There may even be restrictive covenants on the land that prevent this.

So start with the lease and legal advice, as this will establish whether there any obstacles before going on to think about the more tangible and easily understood issues.

kmmr

timmyt wrote: »

yikes:eek:

as a property solicitor we see this all the time, so do explain how you managed it so we can help OP, there are ways, but it assumes more info than OP gives

You're a property solicitor!! OMG! :eek:

I don't think people can read this forum for long without knowing your profession timmyt.

Anyway, I agree I am assuming that the garden is part of the demised area of the from the OP is looking at. Commonly with basement flats the garden is included in the demise of the basement. Certainly it was in mine. If it was communal gardens I assume the OP wouldn't even ask if they could enclose it.

Good point though - to help the OP I'll explain how I got permission. It's not super complex, I just asked.

Case 1: Small changes. I replaced one window on a first floor flat with a glass door onto a tiny juliet balcony. Freeholder was fine with it so long as the other leaseholders didn't object. And they didn't as it meant they could probably do the same thing.

Case 2: I approached my freeholder, explained that my very significant extension would not unduly influence any of the flats, and would be done to a high quality. It would significantly increase the value of the flat, therefore increasing the value of the other flats by association (ever used Zoopla!)

However, he did make it slightly difficult, in that he said he wouldn't formally give the permission until I arranged for all the owners of the 5 flats to buy the freehold from him. I therefore actually had to get the permission of all the new freeholders, which was also no issue at all. This was clearly because of the increased value of their flats.

I also approached the freeholder of next door, and as it happened he still owned the lease of the basement flat next door, so he was very happy at it would set a precedent for the street, so he could do the same thing.

So there are three freeholders + a freehold company who have agreed to external changes. I am not saying other freehold management companies won't object, but a blanket statement that you can't change the exterior is wrong. Maybe I am very lucky, although I do take into account the freeholder when I buy.

pararct

Most if not all Local Authorities will not grant permission for a development where it takes up more footprint than 50% of a garden and will probably insist on punitive conditions on what they will allow on the rest.

This sounds like a bag of nails. If the flat is not suitable with the build then move on.....

propertyman

With respect to the other comments, do not focus on the practical aspects as you first need to understand what you are buying.

If you by the flat, but the garden in only yours to use and tend, then you will have to buy the flat and then the garden, which they are not obligated to do.

Similarly if the lease says for use only as a garden, or as some leases do limit ownership to 18 inches depth,you will have to pay the landlord to vary the lease to allow development/ buy the soil to below to put in footings.

If that is possible to resolve and fund then you can look at the other aspects.

Richard_Webster

With respect to the other comments, do not focus on the practical aspects as you first need to understand what you are buying.

If you by the flat, but the garden in only yours to use and tend, then you will have to buy the flat and then the garden, which they are not obligated to do.

Similarly if the lease says for use only as a garden, or as some leases do limit ownership to 18 inches depth,you will have to pay the landlord to vary the lease to allow development/ buy the soil to below to put in footings.

If that is possible to resolve and fund then you can look at the other aspects.

I agree, and then the given the likely time it will take to obtain planning permission etc by then your seller will have sold to someone else.

GDB2222

Richard_Webster wrote: »

I agree, and then the given the likely time it will take to obtain planning permission etc by then your seller will have sold to someone else.

I agree. Clearly, kmmr already owned the flat, then put in for permission to extend. The OP would need to buy the flat as it is and take a view about his chances of getting permission from everyone.

jc808

"Help! How Do I Build An Extension On A Flat?"

buy a house

propertyman

GDB2222 wrote: »

The OP would need to buy the flat as it is and take a view about his chances of getting permission from everyone.

At the risk of belabouring the point that is not what they should do.

Buying the flat involves an understanding if the garden is theirs and if so are they free to do with it as they please, or the scope of restriction the lease and any restrictive covenant on either FH or LH titles may my put on it.

They start with demise and use, the scope of the landlords control and not only costs, but in some cases a premium for granting consent based on a % of the increased value for flat + extension, and only then can they think about planning and costs.

To be a little cavalier about it an offer can be made to buy as offered for sale, and if accepted, within a week a local general practice chartered surveyor should be able to inspect, read the leases via HMLR, and make personal enquiries at the local planning office. That then gives you a firm basis on whether to proceed, at risk,or withdraw. The vendor may be upset....

janealb

kmmr wrote: »

To an extent you need to take a gamble with these things. I don't think you can be 100% guaranteed before you buy.

But, I have done exactly what you suggest, and I'll give you my take on it.

1. Contact the freeholder to get permission: I think the best you can hope for before buying is an agreement not to unreasonably deny permission. The freeholder will almost certainly require you to have full plans. On my purchase the freeholder said they would agree to view plans I submitted and not unreasonably without permission if planning permission was granted.

Note that this is really promising nothing. The planning permission will be very difficult if the freeholder objects anyway!

2. Get an architect to draw up plans for the extension. Quite an investment prior to purchase. And you'd need this as a first step. Architects will need access, but certainly I know mine would do it quick enough. It depends if you know a good flexible architect or not.

3. Get a building quote Good luck! Builders will give you a 'guesstimate' but most of them are not really interested until you at least have planning.

4. Submit the architect's plans to the council for planning permission. Which will take 8 weeks minimum. You have to submit notices to all the neighbours to get this started too.

You could however go to your local councils planning department and ask their non-binding opinion. They can tell you what complies with local planning rules. If you have a good architect they can also advise you. My architect knows the local planning rules well, and knows how to stay right on the limit of what is allowed without need to go to a formal decision making panel, which you want to avoid. Our planning permission was done by a single planning officer becuase:
- it was exactly within the guidelines (2m max wall on boundary, 45 degree roofline, not more than 50% of garden)
- no neighbours objected. This requires delicate neighbour management!

5. THEN, Put in an offer to buy the place. Remember the planning permission will attach to the property. So if you get planning permission, then as a vendor, I would say 'thanks for that, I have decided to up the price'. In fact, if the vendor gets wind that a great extension looks likely to be approved, they will probably increase the price.

So - basically, I'd say you have to wait and risk it after purchase. The price of the place will go up if permission is granted. It's one of those risks you have to take to get a good return!

I'd also recommend looking at your local planning portal, if they have one. You can normally see then what planning applications have approved or rejected, and it can be very informative. I looked at a place recently and the agent said 'it's unlikely you could get planning permission for an extension', but I had already found permission for exactly what I had planned had been approved three doors down! I was hardly going to tell the agent, as it would just be something he would tell other buyers. You don't want to show your hand too much.

I would recommend doing things in the same order. It is also true there is always a risk.