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changing roof in top floor flat-freeholder permission needed?

Had a survey back on a top floor flat and have been told the roof needs changing. Took a builder friend around to check and he confirmed that both chimneys look like their leaking and also the front and back of the room have missing tiles and damage. The party wall also needs to be rebuilt.
He has suggested that I replace it with a rood that's slightly higher to fit the look of the neighbouring houses also should I later on want a loft conversion I have a more room.

The lease says that the top floor owns the roof and roof space. Is changing a roof which is in a poor state a structural change and do I need freeholders permission? What does the freeholder usually do in terms of granting permission- a solicitor suggested that the FH may instruct their own solicitor/surveyor to oversee the work. Is this correct even when it's just the roof I'm replacing? I'm not even thinking about building a room there.

Thanks

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    It's very unusual for the top-floor flat in a building to own and be responsible for the roof and its repair and/or replacement. Are you absolutely certain that this is the case and has anyone actually read the lease properly from start to finish? If it is the owner's responsibility, planning-permission may be needed in order to alter the structure and appearance as well as any consent granted by the freeholder.
  • jee
    jee Posts: 288 Forumite
    Thanks I checked the lease because I thought it was unusual as well. I'm trying to work out if gaining the freeholder's permission is going to be expensive in terms of other costs which might be involved.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I very much doubt you 'own' the roof, though you may be soley responsible for its maintenance (this as said is unusual, but does occur).

    You will need freeholder's permission, both for repair (likefor like) and alteration(raising the level.

    You'll aso need Planning Permission and Building Regs certification to alter the roof.
  • jee
    jee Posts: 288 Forumite
    Ok thanks.
    The lease says that the upstairs flat owns the roof and the roof space. I think it's odd as well. It's a converted house of two flats.
  • de1amo
    de1amo Posts: 3,401 Forumite
    1,000 Posts Combo Breaker
    just think of the people you will want to sell to one day!--i wouldnt like to buy a place when the encumbence comes down to the tff and with the freeholder controlling how you do the work and when.--the part of owning a flat is that you divide maintenance thus reducing costs!
    mfw'11 No68- 55k mortgage İO--little to nothing saved! i must do better.
  • jee
    jee Posts: 288 Forumite
    I think the downstairs take care of foundations and drains.
    I'm in two minds now on whether to purchase the property. I'm sending my solicitor a copy of the quote from builder so he can present to vendor as a bargaining tool for money off and also ask the freeholder whether she would grant permission for the work and what costs she may put on top.
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