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unnoticed structural change to leasehold flat - does it need to be rectified?

Hello all,

I'm new here, and I would really appreciate some advice. We live in a new build leasehold flat. When we moved in, it became apparent that there was a huge amount of space in a 'void' behind a wall in our lounge (kind of like eave space when lofts are converted). So we got a builder and he made a hole in the wall (there were no bricks, just plasterboard), put a door on and thus turned it into a lovely cupboard and put up shelves.

Six years on, we are planning to move....now we are worried as the leasehold prohibits structural changes. Is this structural - our builder thought not?

The cupboard door is behind the lounge door and you wouldn't notice it when the lounge door is open so the estate agent has not included it on the floor plans; I wasn't in when he measured up but I presume they didn't see it. Likewise, I presume the buyer we have didn't see it. Should we tell them it is there? If their surveyor misses it too (it is only 6 years old - I don't know if they go around looking behind doors) and it did turn out to be a problem, are we liable for covering it up even after we have sold it? Or should we just cover it up now - it seems a shame though, it is a marvellous cupboard?!

Many thanks!

Comments

  • Lovelyjoolz
    Lovelyjoolz Posts: 1,070 Forumite
    If you just removed plasterboard, then no, it isn't a structural change, it's just decorative.

    Structural changes would be those made to the building envelope or to load bearing walls.
    You had me at your proper use of "you're".
  • propertyman
    propertyman Posts: 2,922 Forumite
    That definition of structural is incomplete.

    The enclosure of the area with plasterboard offers fire protection, which is a function of structure. If the alteration allows fire to spread that otherwise would be reduced or eliminated, you may need to carry out further works or reinstate it.

    Moreover while the void is there, have you checked the area against the floor plan in your lease, the area might not be yours to have annexed.

    Some may simply sell and let the purchaser deal with any implications- caveat emptor.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Good advice from Propertyman.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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