Freeholder consent for house extension

siwilks

Hi all,

We're looking to have an extension added to the rear of our house. It falls within the limits needed for us to obtain planning permission, however I have heard that we would need to get consent from the freeholder.

Just to complicate things, we had an attic extension/conversion carried out three years ago, and I was unaware at that point that I would need to contact the freeholder, so presumably I should get consent retrospectively (and hope that it is forthcoming!)

The problem is that getting hold of the freeholder seems pretty impossible. All the communication with them prior to them moving seems to have been conducted through their solicitor, who no longer exists. I have managed to get an address and phone number for them and have tried phoning them, but I just get a voicemail, but there is no response. The obvious next step seems to be to contact them by post, however we want to move fairly quickly quickly with the extension and I'm not optimistic that I'll receive any response.

Am I correct that I need consent, and if so what's the best way of getting it? Is it worth engaging a solicitor to trace/contact them?

DTDfanBoy

You need to read your lease, and if I was you I'd be crossing my fingers that you actually have demise over the loft space, it could be very costly to rectify things if you don't.

macman

How do you pay your ground rent, buildings insurance etc, if you have no contact with them?
Given what you've already done with the loft conversion, I'd think long and hard about whether you want to open a potentially very expensive can of worms.
No one can tell you if you need consent, because we haven't seen your lease, but it would be very unusual for consent not to be needed for both the completed and intended work in such a case-and of course the freeholder will expect a fee for such consent.

siwilks

I haven't paid ground rent up to now in the five years we've lived there. The previous owners settled up with them at that time (which is the only way we have the details of the solicitor and the actual company name of the freeholder, rather than the individuals named on the old lease). and off the top of my head the few years they'd lived there came to about £15.

For buildings insurance we just buy it direct from the insurance company. It has never asked any details of the freeholder.

I'll have to check the lease wording when I get home.

macman

Five years? You really need to sort this out, as after three years of arrears they could in theory claim forfeiture of the lease (though, if they have failed to bill you, that is not very likely to succeed). Even if the amount is a peppercorn rent, it still needs to be paid for your own protection.