Building on a flat roof

fidgetgreen

Hi, I currently share the freehold in a block of flats I live in. Some of the other freeholders would like to sell the roof / airspace to a developer. My first instinct is to say no but I just wanted to know what the pros and cons could be. I'm on the top flat so I appreciate that I may be a bit biased about losing my position. 

AnotherJoe

Downside noise  from tenants, and loss of value of flat as no longer top floor.

Upside,  money (obvs) plus unlikely to be affected by roof leaks ( but cancelled out by possibly greater possibility of leaks in new flat - shower, bath washing machine etc)

Can you veto it?

princeofpounds

You will need to establish whether you can oppose it through the freehold company. It's quite possible you cannot, if you can't carry the company Board or General Meeting vote (by fair means or foul... how you get people on your side doesn't matter so much so you may have less conventional options). Remember, you (presumably - check what is demised to you!) own your flat individually, not the roof space above.

If that's the case, you may want to focus on establishing special conditions that help protect your position, and ensuring you invoke the party wall act where appropriate.

There are other routes to investigate. It's possible that there are terms in your lease that give you rights of use over the roof as a common area - if so those rights as an individual leaseholder are harder to alienate. A specialist solicitor would be able to review your lease.

You will probably also have a quiet enjoyment clause that may allow you to claim compensation for disruption. That's not just 'normal' building noise, but anything really material. For example, if you have to move out for a few weeks, then the freeholder would be expected to fund your alternative accommodation.

Despite the recent relaxation of planning laws, you may well be able to prevent some types of development. It's not just the development on the roof that needs considering either - common facilities will need to be expanded and things like parking and bin space may have minimum requirements. So a planning consultant is another option at a later stage.

oldbikebloke

has a structural engineer certified the building can take the extra load of 1 (or more) additional storey?

as merely a leaseholder that is not your problem, it is one for the freeholder - unless of course you are inside the building when it collapses

eddddy

I guess you need to get an idea of what money you'd get, if it goes ahead.  If each leaseholder gets a 'pittance', maybe it's not worth the hassle. but if it's a sizeable chunk of cash that more than compensates for the hassle and potential loss in value of your flat - maybe it's worth considering.

Also, if the new floor is an 'interesting', architect designed penthouse - it might improve the image of the whole block. (But the freeholders would have to work out a way to ensure that happens - otherwise a developer might just build something boring and average.)