Window installation without freeholder's consent

thearchitect

FreeBear said:

Spraying foam around on the underside of a roof is probably the worst thing that you can do. It invariably causes the timbers to rot, and the only real way of getting rid of the stuff is to fit a new roof. Suffice to say, spray foam sticks like sh** to a blanket, so virtually nothing of the original roof can be salvaged.

If the freeholder does say "get rid of the foam", it is going to turn in to a very expensive undertaking.

Spray foam to the underside of a roof - whether sarked, as in Scotland and NI, or just felt/tiles as in England and Wales - is indeed a poor idea.  I do hope it's not flammable, which will just add to the problems FreeBear has identified.

HampshireH

Has the property actually been advertised with this extra room or is it just in existance?

And was it actually valued as having it?

Quite a big mistake to make

AdrianC

HampshireH said:

Has the property actually been advertised with this extra room or is it just in existance?

And was it actually valued as having it?

Quite a big mistake to make

From the OP...

Cuilean said:

...the maisonette went on the market, the freeholder was informed...  An offer was accepted a few weeks ago, and an online conveyancing company was appointed to handle the sale. 

However, only now is she reading her paperwork.  The lease states she doesn’t own the loft, just the living space.  She’s definitely in breach.

...

My friend has yet to notify her conveyancer about the Velux situation

Advertised, offer received and accepted, conveyancing underway...

That reads to me as the buyer and their solicitor have received the draft contract and the lease details, then gone "Hold on one minute... Where's...?" - and the vendor is now sat there going "ooooooohbumhats" and holding off on replying.

If they've raised it with the vendor, you have to assume they've also raised it with the freeholder/management company.

Which also brings another question: If the freeholder's so absent, who's doing the management of the block common areas?

davidmcn

AdrianC said:

HampshireH said:

Has the property actually been advertised with this extra room or is it just in existance?

And was it actually valued as having it?

Quite a big mistake to make

From the OP...

Cuilean said:

...the maisonette went on the market, the freeholder was informed...  An offer was accepted a few weeks ago, and an online conveyancing company was appointed to handle the sale. 

However, only now is she reading her paperwork.  The lease states she doesn’t own the loft, just the living space.  She’s definitely in breach.

...

My friend has yet to notify her conveyancer about the Velux situation

If they've raised it with the vendor, you have to assume they've also raised it with the freeholder/management company.

It wouldn't be normal for the buyer and the freeholder to be directly in correspondence.

Cuilean

Thank you everyone for all your helpful replies so far. You’ve brought up points which I hadn’t even considered, and I’ll be putting all of them to her. 

Against advice from the rest of her friends, my friend is determined to plough ahead with the sale, making it clear to the buyer that the loft is not part of the property. Her conveyancer (One of these online only conveyancing firms) says she will get away with it because the window has been installed for more than a decade. That doesn’t sound right to me, and I’ve urged her to get a second opinion. I’m sure the freeholder would have something to say!

FreeBear

thearchitect said: Spray foam to the underside of a roof -  - is indeed a poor idea.  I do hope it's not flammable,

The stuff they use is a polyurethane or isocyanate foam. Burns very quickly and gives off loads of toxic fumes. It doesn't need much to get it going either.

Yes, PU foam is a good insulator, and in the right place, spray application is a quick & easy method, but not in a timber framed roof.

bucksbloke

eddddy said:

Jeepers_Creepers said:

 "I'd like to take out a policy to protect me against litigation and the potential cost of replacing a whole roof - thank you. What? HOW much?!"

Yes - I'd expect that the cost of indemnity insurance will be astronomical.

Really cheap actually, they hardly ever get claimed on. 

greatcrested

Cuilean said:

..... Her conveyancer ....says she will get away with it because the window has been installed for more than a decade. That doesn’t sound right to me, and I’ve urged her to get a second opinion. I’m sure the freeholder would have something to say!

I imagine the conveyancer has in mind enforcement of Building Regulations by the local authority. In that, he's right.

The freeholder is another issue entirely and the time-lag is meaningless.

macman

The leaseholder might very well 'get away with it', but I wouldn't buy it without a guarantee that the freeholder isn't going to pitch up and start demanding back rent, compo, and a new roof...