Granting exclusive access to garden for ground floor flat

itayshap

Hello,

I'm planning to convert a 3 story semi detached house into 3 flats - one in each floor.
i would like to sell each flat separately, where the ground floor will be sold with the freehold and the other two as leaseholds.
From legal and architectural point of view, can i grant a full access and ownership to the garden solely to the ground floor flat?
Or alternatively do i have to design the garden as a shared garden / to split it for each of the flats?
Thank you,
Itay

G_M

You can do as you wish.


Each lease will specify its 'demise' (what is included) supported by a Plan (diagramme showing the outline of what is included).


Just don't include the garden in the leases of the 2 upper flats.

Cakeguts

How are you going to deal with the offstreet parking?

itayshap

Thank you for your prompt reply,
Our architect advised us that it is illegal to associate the garden solely to the ground floor, according to planning regulations. is that make any sense?

itayshap

No, the vehicles will be parked on the the street.

davidmcn

itayshap wrote: »

Our architect advised us that it is illegal to associate the garden solely to the ground floor, according to planning regulations. is that make any sense?

It wouldn't be correct to call it "illegal", but perhaps they know that the local planners wouldn't like it. Your architect is likely to know better than us about local planning policies.

G_M

itayshap wrote: »

Thank you for your prompt reply,
Our architect advised us that it is illegal to associate the garden solely to the ground floor, according to planning regulations. is that make any sense?

Ah! Apologies.I was responding from the legal and architectural point of view, since that was the your query.

You are now asking about planning policy (not even planning law), which varies from council to council and even between areas within a council.

I'd guess your architect knows the local policies but if you doubt him, search the council website and/or go and speak to a planner at the concil.

G_M

itayshap wrote: »

No, the vehicles will be parked on the the street.

That also may be subject to planning policy.........

Socajam

How long will the leases be for the two flats?
Have you decided on the annual cost of the ground rent for the two flats?

Tom99

Do you have planning permission for the conversion yet? That will probably dictate whether you are free to divide up the garden how you like.
Also consider selling all three flats leasehold then sell the freehold separately maybe to the three leaseholders as joint owners or set up a company to own the freehold and give each leaseholder a 1/3rd share in the company.
If you go with your original idea of the freehold going with the one ground floor flat you may find that purchasers are put off by the responsibility of managing/repairing the whole building even if they can reclaim 2/3rds of the cost from the other leaseholders. I also understand that some mortgage co's are not keen on that arrangement.

bouicca21

Associating the freehold with one flat, and giving one flat exclusive access to the garden are two different issues. What are you trying to achieve?