Would a loft extension reduce the value of the property underneath?

Tonythebolt

Hi everyone, I'm new here and I really hope someone out there can help me or point me in the right direction of someone that can.

The History (just in case it helps)

I bought my flat back in 2005, the flat is one of two flats in a converted semi detached house. The property is situated right in the centre of a multi cultural area and this area is also popular with Uni students. The area is mainly rentals but also a high percentage of owner/occupied.
The Freehold is dived equally between myself and the upstairs neighbours 50/50

Both flats are two bedroom, Mine is the ground floor garden flat.


Approx 4 years ago whilst I was living abroad my upstairs neighbours the joint freeholders extended up into their roof adding two extra bedrooms and one extra bathroom, during this build they also added a new combi boiler doing away with their old gravity fed water tank. They did not inform me or seek my permission.

The Present

I'm an easy going person and even though I knew that as 50% freeholder they should have asked my permission to do the alterations to the building I was quite happy with them as neighbours and I didn't want to cause a fuss.
They are now selling and what I'm worried about is that these houses aren't the most soundproofed and I can hear every footstep, door closing and even conversation upstairs. Simply put these houses weren't designed to be multi storey rentals.

My question is, if this is sold to a landlord that only has interest in renting it out am I entitled to any compensation from the current owners as I never agreed to the extension and has this extension had any effect on the price or desirability of my property. Can I ask for a soundproof suspended ceiling to be installed? Just clutching at straws here a bit. It's due to go on the market next week.

I don't think I would mind if it became owner/occupied but the thought of it getting turned into a 5 bed student pad scares the hell out of me!

Oh BTW I mentioned the combi boiler because we share one stop !!!! and water supply and when I use my water downstairs then it basically cuts of supply to their flat.

many thanks for reading this

penguine

You may get more replies if you post this on the House buying, selling and renting thread:

http://forums.moneysavingexpert.com/forumdisplay.php?f=16

Sterlingtimes

It's a complicated question that could not be answered without reference to the underlying agreement that would include a series of covenants (promises between the two freeholders) and easements to cover the shared infrastructure.

A loft extension may well break a covenant, particularly if the roof area belongs to the freeholders jointly. When they come to sell they will need to declare that they have made this alteration, and the buyer's solicitor will need to check the legal position.

Chunks

I am not a lawyer but if you have stated rights in the underlying agreements that have been breeched, then one assumes your documentation either contains remedies (for such a breech) or would provide you with the necessary grounds for legal action (should you choose to go down that route). You probably need to get on the case quickly given that the property is to be sold. IF your property value has been impacted negatively as a result of alterations made without your (needed) permission, logically you need formal advice to establish this (in support of your case).

Tonythebolt wrote: »

I'm an easy going person and even though I knew that as 50% freeholder they should have asked my permission to do the alterations to the building I was quite happy with them as neighbours and I didn't want to cause a fuss.

While I totally understand the need to get on with neighbours (I am the same but that's easy when there is fresh air between you and 'next door'). Could your neighbour claim they couldn't get hold of you? When you eventually came back to the UK you were fine with the extension? You got on well and never made complaints etc. etc.?

Good luck anyway.

Tonythebolt

Thanks for your advice, luckily after speaking to Bournemouth planning today they have made some alterations to property classifications and a landlord cannot rent out to more than 3 persons in one dwelling unless the tenants are are related to one another , so that's fantastic news for me but I'm sure that people will get around it by putting only two names on the rental agreement and sub letting the extra rooms but at least it's a start.

in answer to your question Chunks they could have easily gotten hold of me as they knew who my agents were and they had my mobile number.

I'm speaking to a solicitor tomorrow to find out what my next move is, and I've also asked my neighbour for a copy of the Building Control Certificate.