Who owns loft Space Query - Prior to Bidding

Ed_27

HI,

I am a FTB and looking at a leasehold first floor flat with loft space. Queried with owner (who did the viewing) as to who owned the space. The owner was a vague and said they were 80% sure they did, but that it would come up in conveyancing search etc.

But, I want to know this information prior to bidding. Is it customary to request this upfront? I am new to leaseholds.

Any advice is very much appreciated and thanks in advance!

Doozergirl

The Totle Plan and Title Registr are available from the Land Registry website at a cost of £3 each. If you don't understand it you can always ask your solicitor to explain that before anything else.

Ed_27

@doozergirl Oh thank you so much! I thought that might be possible but could only find council owned leaseholds offering it. Again thanks :T

deFoix

You will probably need to see a copy of the full Lease which will show which parts of the building are demised to the flat.

Very often the air-space of the loft is not part of the leasehold and is effectly owned by the Freeholder. In practice however the Leaseholder can use it for storage as only they have access.

If you want the airspace you'd then have to negotiate with the Freeholder.

Also if you're looking to do a loft conversion (why else would you care) you should get a specialist to take a look becuase not all loft spaces can be converted.

PasturesNew

I think I skimped past an article the other day saying new legislation's either gone through, or is proposed, where they're looking at making it easier to "toss another floor onto flats".... so who owns what's above the ceiling is more important now than before.

Brynsam

It's rare for the 'top floor flat' to actually own the loft space, although some do - you will need to read the lease to be sure.

This has become more of an issue partly for the reason cited above (building into the roof space by adding another layer of flats), but also because some freeholders - especially if they are local councils - do not want occupiers to use the loft space, because they claim it is a fire risk.

Brynsam

Ed_27 wrote: »

Thanks for the info! Can yo request to see the full lease prior to bidding? Or is there another way of getting hold of it through Gov.UK etc.

Thanks again!

Have you got the information pack for the property on which you are planning to make a bid? If not, that's your next step - pronto!