Advice on adding to my property - basement underneath flat

Splodges

Hi
I just bought my first property, a groundfloor flat and moved in last week. The flat has a hatch I have access to, it goes to a large basement area underneath my flat. The area also connects to cellar space underneath another couple of neighbors flats. You can't directly walk through to them but theres a hole in the bricks I could climb through (and vice versa). When I bought the property the estate agents and original owner thought they owned this space but when buying my solicitor checked with theirs and said it's never been included in the plans for the property as such, although it was used by them for storage etc. 

I'd really like to use this space for something like a home gym with squat racks etc. or a home cinema area or snooker/poker room with a bar. I feel like it would obviously be a mistake spending any money renovating this area, if I don't technically own it. And I'd like to block off the hatch that other flats could access it.

I'm not looking to do anything immediately but what would be my course of action if I wanted to legally add this to my property? Contact my solicitor and ask them to contact the land owner of the actual building/land? 

Thanks in advance 

greatcrested

You would need to buy the space off the freeholder - though part of it sounds like it might belong to next door.

Splodges

greatcrested said:

You would need to buy the space off the freeholder - though part of it sounds like it might belong to next door.

I think the basement space underneath my living room feels like exactly the same size, to get under neighbours property you'd need to climb through the hole in the wall and go into a small corridor first.

I guess the freeholder does currently own it though, would I get in contact with them directly, or ask an estate agent to value the space, or speak to my solicitor I used to buy the property? 

Slithery

Speak to the freeholder first. There's no point getting valuations or solicitors involved if they don't want to sell.

eddddy

The freeholder is the person to contact - but bear in mind that the freeholder is under no obligation to discuss this with you, or even to reply to your enquiry.

Similarly, the freeholder is free to ask for any price they like - it could be £2k or £200k. And you are free to offer any price you like.

AdrianC

Splodges said:

I just bought my first property, a groundfloor flat and moved in last week. The flat has a hatch I have access to, it goes to a large basement area underneath my flat. ... When I bought the property the estate agents and original owner thought they owned this space but when buying my solicitor checked with theirs and said it's never been included in the plans for the property as such, although it was used by them for storage etc. 

I feel like it would obviously be a mistake spending any money renovating this area, if I don't technically own it.

There is no "technically" about it. YOU DO NOT OWN IT. It is not part of your leasehold space. You have no more right to even enter it than you do your neighbour's flat or the building's electrical plant room.

And I'd like to block off the hatch that other flats could access it.

But they have no more right to enter than you do.

I'm not looking to do anything immediately but what would be my course of action if I wanted to legally add this to my property? Contact my solicitor and ask them to contact the land owner of the actual building/land?

You don't need your solicitor to do it. Just ask the freeholder or management company yourself if they'd be interested in leasing that space to you. You would, of course, need consent to then do anything to the fabric of the building within that space. You would probably also be liable for additional council tax, if the increased space brought your flat above the upper end of the nominal value bands - and you may well be liable for an additional portion of the service charge. if it's based on space within the leasehold property...