Share of the Freehold Building an Extension

jazzythumper

Hi there,

I am thinking of buying a ground floor flat, with a 50% share of the freehold. The other flat above owns the other freehold. THey have two floors and the ground floor flat has just a garden

In the future I would like to extend the flat, I assume I would need to get the other freeholders permission to do so.

On what grounds could they reasonably refuse me permission to extend this flat. There are many rainwater pipes, soil vent pipes and water waste pipes that would need to be removed in order to build an extension, I of course would be more than willing to pay for this.

Would it be worth contacting the other freeholder in order to suss them out to see whether the would be agreeable to an extension. Could we bargain with them in offering to do repair works to parts of their building that need work in return for the permission?

I assume that if I have a 50% share of the freehold it is relatively easy to extend the lease on the property.

Any help would be appreciated

Nic

cattie

I don't believe you can force another freeholder to agree to an extension if they don't want to. Also, even if they agreed, the owners of surrounding properties may object at the planning stage, and permission to build be denied.

The bargaining you are talking about would be frowned on by solicitors as it would have no real legal standing.

If the flat isn't big enough for your needs then the wisest thing to do is to look for a property that does.

You could of course ask the other freeholder how they would feel about an extension should you purchase the flat, but what would you do you decide to buy the flat on the basis of a verbal agreement, only for them to sell their flat to another owner at a later date before the work has even been started.?

Regarding extending the lease, it's something you and the other freeholder agree between you, so yes it's fairly simple.

Richard_Webster

Regarding extending the lease, it's something you and the other freeholder agree between you, so yes it's fairly simple.

Provided the other freeholder agrees to it - he doesn't have to unless you go through the expensive statutory route to compel him to do so.

On what grounds could they reasonably refuse me permission to extend this flat.

Don't be naive - it isn't about "grounds" - it about whether the other freeholder will agree or won't. There is no magic fairy who will descend on the other freeholder and make him agree if he doesn't want to.

It is absolutely vital that you talk to the other freeholder now. If he won't agree, walk away.

Even if he appears to agree, he might change his mind, so you have to see whether it would be possible to get a formal consent form him prior to purchase - this might be difficult - so in the end it may come down to your assessment of the likelihood of him changing his mind. Certainly it would be sensible to make sure he does understand the potential downsides now, so he doesn't say later that he didn't realise that your extension mean such and such a disadvantage for him.

Make sure you explain all your thinking to your solciitors when you first instruct them - do not try to deal with this without them knowing what is in your mind. - so they can make sure that whatever consents etc that can be obtained from the other freeholder, are obtained.

Nikkigb88

The shared freeholder is 100% able to stop you from building an extension. As mentioned by others you'll just have to talk to them and decide for yourself. Don't get into anything before you've done so, unless you'd still be happy living there with the property remaining as it currently is.

bmar71n

it can be difficult to buy a apartment/share of a freehold as instead of an anonymous landlord who is usually the point of contact and often the enemy, your neighbors become the enemy. So personally i would not buy into a share of a freehold/apartment due to this, but if you are committed to the apartment it may be worth discussing your ideas with the other freeholder before you make an offer.