Balcony not demised to flat

tinadev

Hi first post so please be kind 😁 I am currently buying the leasehold of an apartment which has double doors out onto a balcony (looks original woodwork from when changed from offices to flats). I noticed on the lease that the outline of the balcony wasn’t coloured red the same as the rest of the flat. When I highlighted this to my solicitor he asked the question of the managing company and they have said that the balcony isn’t demised to the flat and the landlord will not consider changing or putting a clause into the lease for us to have use of said balcony. We love the flat even without it but the solicitor has advised us not to proceed as we will have problems when and if we sell. My questions are 
1) surely it would only be a problem selling if the prospective buying thought they had use of the balcony

2) why would the only access to the balcony be double doors from my flat if I can’t use it and is the landlord being unreasonable?
we don’t want to own it just have use of it
many thanks 
tina 

zagubov

I have never heard of such an arrangement, but if you're feeling frustrated by it, imagine how it would appear to the next person you try to sell it on to in the future.

tinadev

If and when I sold it on I would make it clear to the buyer the details of the lease regarding the balcony. I personally think it is an error on the original lease otherwise why would there be doors. It wasn’t picked up by the solicitors working for the current seller when she bought 12 years ago (she has been using it all that time) and hadn’t been picked up by mine it was only because I pointed it out thinking I was asking a stupid question.

davidmcn

I presume there's no likelihood in practice of the freeholder letting somebody else use "your" balcony? If buying with a mortgage bear in mind that your lender will also need to be prepared to take a view on it (e.g. they might want to go back to their valuer and check that the lack of a balcony doesn't upset the valuation).

tinadev

We have remortgaged our current home to buy the holiday flat so have the funds in the bank. The only access to the balcony is through our flat out of the doors in our living room. Next door is the same. Apparently the landlord bought the freehold a couple of years ago and hasn’t been near the place so I’m not sure he is even aware of the layout of our flat and the obvious access to the balcony.

dimbo61

Is the balcony safe ?
Does it look safe and have good supports underneath it ?
Can you sit outside and does it have a view ?
Double glazed french doors opening out onto the balcony or cheap rotting wood ones !
How high up and easy for someone to climb up and break-in ?

pinkshoes

It sounds really odd to me...

It may have been a mistake originally, but it is a mistake I would want rectifying before purchasing.

What is the price of a flat without a balcony? You may want to buy a flat with a balcony that you could potentially not be allowed to use, but I very much doubt there will be many people that would think the same. 

tinadev

the balcony does look safe. Ornate iron railings on top of brick, the floor is wood (like decking) and it sits on the bay window of the flat below. The doors and frames are wood (Maintained) as it is an old property and must stay wood. It is second floor so no chance of climbing. The original apartment layout proposals from the developer who converted from offices to flats states double doors to balcony and new iron railings. So it was always meant to be used.

tinadev

pinkshoes said:

It sounds really odd to me...

It may have been a mistake originally, but it is a mistake I would want rectifying before purchasing.

What is the price of a flat without a balcony? You may want to buy a flat with a balcony that you could potentially not be allowed to use, but I very much doubt there will be many people that would think the same. 

We are buying a holiday flat In a small coastal town and there are little to no properties With a balcony. What it does have is a parking space (absolutely none to be had) and 2 bathrooms so still a great flat.

letsbetfair

The freeholder is acting a bit strangely - either that balcony is no conceivable use to them (in which case why not charge to put a clause in the lease?) or the balcony might be in the way of e.g. potential future development/maintenance (so you need to consider how that might affect you). Even if they're just being awkward, a freeholder being awkward isn't the best sign when buying a leasehold place.
What does your solicitor advise? Some buyers (including me) would be put off by this, or at least want the price reduced to the price of a flat without balcony. Is the paperwork all sound for the parking space?

Tiglet2

It is quite common not to have a balcony demised to a flat.  It is often only the physical rooms which are "demised", with the lease containing an exclusive right to use the balcony.   Sometimes leases may be silent on this, so a solicitor may insist on a Deed of Variation to include the balcony in the demise, or to grant you an exclusive right to use the balcony.  You need to read the Lease (or your solicitor does!) to find out what rights are stated within the lease to use it.  Balconies form part of the structure of the building and are owned and maintained by the freeholder or managing agent, to whom you would pay a service charge.  

It is not really a problem to sell or purchase a flat which doesn't include the balcony in its demise.  Landlords are not stopping tenants from accessing and using the balcony that they have sole access to, but they want to retain ownership so that they can monitor what tenants use the balcony for and also for ongoing maintenance.  A couple of chairs and a table for a morning coffee is fine.  Maybe rebuilding a boat or recreating the Chelsea Flower Show, not so much.