Freeholder building on top of a top-floor flat we're buying. What considerations should I be making?

feathers12

Hi everyone! 

We've just found out through our conveyancer on Friday afternoon that the Freeholder of the Top-Floor Flat we are in the process of buying has sumbitted "notice of intent" to build another row of flats on top of the existing top floor flat. 

There was no mention of this in any relevant parts of the TA-6 form from the seller, nor from the estate agent when asked about any planned works - though the cynic in me has suspicions about the dates on the notice vs when our offer was made. 

Obviously this is a massive shift in expectation vs what we made an offer on - and I know at this stage it's not yet saying that a planning application has been submitted or even approved, but I'm thinking this is big enough to walk away from. 

Aside from the obvious concerns of 18+ months of construction, and my top floor flat no longer being a top floor flat - are there other considerations I should be making in respect to this news from the search? 

Obviously one to talk through with my solicitor, but really would like to get views from people who may have come across this before. 

Cheers

davidmcn

I'd be walking away, but if you want something else to be worried about, how about the potential liabilities to you arising from the new structural bits of the building i.e. what reassurance will you have about the standard to which the work is done, what if it affects the structure below, what warranties will the freeholder be getting (or be obliged to claim against before they come to you for repairs), etc. At least you can survey the existing building.

hazyjo

Were you only looking for top floor flats? I would only buy top or bottom, not one sandwiched between two floors.

Is there a lift? Even so, there's lots that won't fit in a lift so they'll be hoisted up the side of the building or taken up via stairs, presumably with much yelling.

Do you really fancy all the noise, mess, dust, maybe builders up and down your windows, presumably loads of scaffolding, probably turning off electric etc for a while, maybe even the risk of damage to your flat or the building.

I'd definitely walk.

getmore4less

Check the planning portal for all planning related to the building. 
(should have done that already)
Parking is often an issue with an extra floor.
You may also find information about the place not available elsewhere. 

We had an office block changed to flats as soon as they all sold they put in planning for two more floors, the clue was they never finished the roof from the conversion. 

Objections included complaints about the freeholder not fixing issues like leaking roof, window problems etc. 

feathers12

hazyjo said:

Were you only looking for top floor flats? 

Initially yes - part of the appeal of this one was the top floor nature - no noisy neigbours. 

Is there a lift?

No - so I expect that will be a pain - and frankly 18months + of being on a building site does not appeal in any way. 

feathers12

getmore4less said:

Check the planning portal for all planning related to the building. 

I've looked at the Local Borough's page for planning applications - found nothing recent or relevant in that search - is this a different portal? Though I'm told it's a notice of intent, rather than an application, not sure if that makes a difference.

My general worry right now, is even if it's not built on for 2..3..5 years... The freeholder is a huge property group so I expect they are motivated enough to ensure this goes through in some form or other regardless.

Feels like walk away time either way

gwynlas

Walk away. There are still issues arising from a block I lived in over twenty years ago where the loft area was divided off into a seperate leasehold which was subsequently sold on a number of times with the freehold. The way the flat leases are written along with RTM means the loft cannot be developed but it does not stop the angst for the owner occupiers when development rules relaxed.

zagubov

You're not buying what you wanted and it's time to walk. How do you know the freeholder won't do it again afterwards?

pinkteapot

If there are other flats to buy at similar prices, walk away.

If the flat were £1, would you still buy it and put up with the disruption? Is there some price that WOULD make it worthwhile taking on?

Options are to proceed, drop your offer, or walk. Personally I’m also in the walk/away camp but for you it may depend on what deal you can do.  

NameUnavailable

This is going to happen more and more often as the government are looking to fast track planning applications allowing up to 2 extra stories to existing blocks of flats. Freehold developers will have a field day, it's easy money for them.

Socajam

I agree with davidmcn and the others, I would hate to see you back on here in say 12 months asking more questions.
Thank the heavens that you found out now and RUN AWAY, don't walk.  This spells trouble all the way, do you want to live your life like that - I would not.
Also please ignore all the talk from the freeholder that things will work out, it cannot be guaranteed.