Loft Conversion - Maisonette

harjit

Hi all

We are leaseholders of a first floor flat, it's a maisonette. Downstairs are leaseholders. We own the freehold to the building. We are end of terrace so have no neighbours on the right. Our neighbours on the left are also a maisonette.

We want to do a loft conversion. The upstairs neighbour leaseholder and freeholder are co operative. We have not heard from next door, downstairs leaseholder and our downstairs leaseholder is being difficult. We gave him polite notice that we were going to do the work and he has reverted with dissent and wants a PW surveyor appointing. The most expensive one he can find!

My questions is 'Do we need consent / a party wall award for our downstairs and next door downstairs?'

Some research suggests the party wall is floor to roof so I do need their consent but the other view is that the party wall is my floor to my ceiling upstairs so the only party wall is that between my neighbours who own the first floor maisonette next door.

Anyone with party wall knowledge out there?

many thanks

Harjit

neneromanova

I don't know if this is any help, but it looks like you need to get an agreement from everyone:

http://www.peterbarry.co.uk/blog/2010/jul/21/leaseholders-and-party-wall-act/

maybe find a local chartered surveyer and see what they say?

brightontraveller

Party Walls in the context of flats and maisonettes can be extremely tricky as covenants can provide the need for consent to party structure works by all tenants but not all occupiers etc. Some leases say that walls that are structures that do not strictly fall under the Act are “deemed” to be party structures. you would need to seek professional legal advise

teneighty

You only need consent from the adjoining owners directly affected by the work. So assuming you will be cutting steel beams into the party wall just the neighbour upstairs next door. But don't forget that could include the leaseholder and the freeholder if they are different entities.

harjit

Thank you I contacted Peter Barry and he confirmed that don't need consent from downstairs.