Freeholders going behind our back to extend block

hjf12345

Hi everyone

I own a leasehold flat in a purpose-built block of 4 flats. I bought the flat in 2010.

Also in 2010, two of the four flat owners bought the freehold of the block from an absent freeholder. I was not aware of this and wasn't invited to pay for a share.

I have since asked them if I can also buy a share of the freehold, as has the other non-freeholder. i.e. leaving us all with 25%. The freeholders have refused.

I have just found out that a planning application has gone in to build four more flats on top of the existing block...

So my questions are:

1. Am I right in thinking that me and the other non-freeholder have no right to buy the freehold? Reading the freehold article on MSE, I think that even though we make up 50% of the block, less than two-thirds of the block is owned by 'leaseholders' now. Unless, that is, the two freeholders are also technically leaseholders (all 4 flats has its own lease). Can anyone confirm?

2. Can freeholders gain planning permission to build on top of a block that it is part-owned by leaseholders without consulting them?

I'm obviously going to appeal the application, but I would like to know my legal rights without having to spend £££ on a solicitor (yet!)

Many thanks

marksoton

Did the freehold come up for sale before or after you purchased?

moneyistooshorttomention

I think you probably do need to consult a solicitor. If it came up after you purchased - then I suspect it was illegal for other stakeholders not to be invited to have their fair share of the purchase.

I think there is a leaseholders advisory organisation? Perhaps someone remembers their name - and you could start by contacting them.

hjf12345

I've just checked the title register and the freehold was bought in 2008, so it was before I bought the flat.

anselld

hjf12345 wrote: »

I'm obviously going to appeal the application, but I would like to know my legal rights without having to spend £££ on a solicitor (yet!)

Obviously why? A larger block is probably going to be more efficient to run leading to lower service charges. In what way do you feel you will be disadvantaged by the plans?

hjf12345

We don't currently pay service charges. We pay our contribution to major works as/when needed, and share costs of the gardener. I don't think either of these will see a massive saving when the 4 new flats are built.

My main concern is the disruption while building work is carried out. Our flat is on the ground floor and there will be major building work for 12-18 months happening above us. Scaffolding, dust, tradesmen all over the block etc.

My other concern is that the communal shared garden will be shared by far more people than it was intended for.

anselld

hjf12345 wrote: »

We don't currently pay service charges. We pay our contribution to major works as/when needed, and share costs of the gardener. I don't think either of these will see a massive saving when the 4 new flats are built.

Sounds like costs will be shared between 8 rather than 4. 50% saving per flat.

hjf12345 wrote: »

My main concern is the disruption while building work is carried out. Our flat is on the ground floor and there will be major building work for 12-18 months happening above us. Scaffolding, dust, tradesmen all over the block etc.

My other concern is that the communal shared garden will be shared by far more people than it was intended for.

OK, some inconvenience, but nothing that is going to register in planning terms.

moneyistooshorttomention

Does rather sound like they have the legal right to do this:(.

Obviously - morally they don't (ie double the number of households using the garden).

I still think it would be worth trying to get the name of this leaseholders organisation and contact them and ask for their advice - particularly re the "population" doubling in the garden.

Fingers crossed those flat-owners havent managed to "pull a fast one" and knock those flats that don't own a share of the freehold out of the running for having their say about things - but I admit to not feeling very optimistic about that:(

Still - you won't know for sure they can manage to get away with this unless you have checked...

marksoton

I'd be more concerned how they are going to construct up.

I'd be making their life hell and scrutinising their stuctural calculations..;)

moneyistooshorttomention

marksoton wrote: »

I'd be more concerned how they are going to construct up.

I'd be making their life hell and scrutinising their stuctural calculations..;)

....and making sure my household insurance included legal cover (assuming OP is dealing with their own household insurance).

I would want to know I was covered legally in case of builders damaging my property in the course of this work - and be insisting on what safeguards I could in order to minimise disruption (eg no damage to the garden).

Right now - as a minimum - it would be best to take a comprehensive set of photos of the status quo - just in case of said damage. That way - OP could prove how things normally are. So - I'd be taking photos of the garden from all angles and photos of my own flat (particularly focusing on the ceilings), etc.

Hoploz

If the freehold is owned by the same people as when you bought the freehold you haven't got a leg to stand on with regards to your wish to purchase it ... It's not for sale.

I would add though that this is going to be a massive investment. It will be difficult to build two further storeys on top of two, so there is going to be a lot of reinforcement work as well as the usual build costs, so I wonder whether it will actually happen, whether they get planning permission granted or not. Is it owned by a large property company, or just a couple of random flat owners?

Regarding the garden use, many flat owners don't ever enter their communal gardens, esp when they are living on higher floors so I wouldn't think that would be much of a problem.

The disruption due to work is just one of those things. It's quite like your next door neighbour having building work done. Planning never take this into account when considering applications. It's short term pain for long term gain. The best you can hope for is that they note your concerns and impose restrictions on the hours that work will take place.

Do you think permission will be granted? How will it affect the street scene? Are all other buildings in the area two storeys or less? You need to find relevant Planning arguments like this if you want to write in to object to the development being permitted. They will only accept Planning objections, they will ignore personal objections on grounds such as 'reduction in my property value' or 'noise from construction work' or 'I don't want to be in a tall block.'