Loft conversion for a top floor flat

Help1234

Hello,

I have viewed a flat I like and I am considering putting in an offer. It is in a Victorian terrace with the house being converted into two flats (ground floor and top floor). The flat I viewed was the top floor and this included access to the loft, which is currently considered a usable room but not a bedroom. The lady is currently using it as a study. The flat is not leasehold but rather “share of freehold”. 

I would be interested in pursuing the flat if I can turn the loft space into a proper bedroom. This will mean checking if the joists and insulation is compliant, changing the stairs, adding a fire door and anything else required by building regulations. I would also add a dorma. The dorma would look out over the garden which the ground floor flat owns, so presumably would need permission from the ground floor flat for access for scaffolding. 

Could the ground floor flat prevent this work happening due to access and presumably they part own the roof. The estate agent said the ground floor flat  don’t own the loft, this is on the deeds of the top flat. 

The access to the flat for sale is you open the front door, there is a hallway and to the right is the ground floor flat front door, through another door straight on is access to the top flat. You go through that door and then straight up stairs. 

Will there be a lot of issues with this plan?

Slithery

Help1234 said:

The flat is not leasehold but rather “share of freehold”.

The flat is leasehold, you'll just own a share of the freehold as well as the lease.

What does the lease have to say about making alterations to the property? Will you need the permission of the other freeholder? You'll have to read the lease to find out. If LR have a copy of the lease filed you can get them to send you a copy in the mail for £7.

canaldumidi

As slithery says, the flat itself is (almost certainly) leasehold, though the freehold (for the building) is jointly owned by the two leaseholders (flat owners). You will therefore be buying two things: the lease, plus a share of the freehold.

So the first question is : does the lease for the top floor flat include the loft? And if so, does it specify how that loft can be used? or does the loft fall outside the boundary of the lease and belong soley to the freehold?

Even if the loft falls within the remit of the lease, it is likely that 'structural changes' to the leasehold flat would require the consent of the freeholder (ie you and the downstairs flat owner jointly). But you'd need to read the lease.

You may well be able to obtain a copy of the lease from the Land Registry, using form OC2 (£6) here. Otherwise, your conveyancer will obtain it in due course.

Help1234

Thank you for your messages. I have spoken with the estate agent who has confirmed the property is leasehold in addition to the share of freehold. They have confirmed the loft is within the boundary of the lease. Please can you therefore advise the feasibility based on this new info?

user1977

Help1234 said:

Thank you for your messages. I have spoken with the estate agent who has confirmed the property is leasehold in addition to the share of freehold. They have confirmed the loft is within the boundary of the lease. Please can you therefore advise the feasibility based on this new info?

I think it's a stretch to regard stuff the estate agent is saying as "info". You (or your solicitor) needs to read the Lease yourself. I doubt the EA has.

Help1234

I understand that but for now can we assume this info is correct and advise me accordingly? The estate agent has been passed this info by the seller who has checked the lease. I will of course read the lease and ask my solicitor to as well should I proceed with this property.

eddddy

Help1234 said:

Thank you for your messages. I have spoken with the estate agent who has confirmed the property is leasehold in addition to the share of freehold. They have confirmed the loft is within the boundary of the lease. Please can you therefore advise the feasibility based on this new info?

(Be a bit careful about believing what the EA says. How do they know? What documents have they looked at? Are they purpose built maisonettes, or a house converted into flats? )


You would still need to read the lease to see what it says about the roof, alterations and consents etc.

Some leases will say the loft space is demised to you (i.e. you own it), but the roof belongs to the freeholder.

Some leases say no alterations, some say you need the freeholder's consent for alterations, some make no restrictions.

• If the roof belongs to the freeholder, that means you and your neighbour will jointly own it - so you'd need the neighbour's consent to cut holes in it for windows etc.

• If the lease says you need consent for alterations in general from the freeholder, that means you need consent from your neighbour (and yourself)

You would also need planning consent from the planning authority, and building regulations compliance sign-off. 

They'll probably need to be some changes to leases and lease plans as well, which will result in some legal fees.

Slithery

Help1234 said:

They have confirmed the loft is within the boundary of the lease. Please can you therefore advise the feasibility based on this new info?

Not really. Who owns the roof? What does the lease say about alterations? How are decisions made if the freeholders disagree (it can't be a majority vote with only two freeholders)?

You do need to actually read the lease and see exactly what it says.

sourpuss2021

Could neighbours object?   You'll be sharing a party wall in either side since it's a terrace.   Though perhaps by now most other houses have had them done.

Will the staircase cut into what's probably the best room in the floor below?

canaldumidi

Help1234 said:

I understand that but for now can we assume this info is correct and advise me accordingly? The estate agent has been passed this info by the seller who has checked the lease. I will of course read the lease and ask my solicitor to as well should I proceed with this property.

Even if we asume that " the loft is within the boundary of the lease" that does not give any indication of what you can do in or with the loft.

You really do need to read the lease. You also really need to take anything the EA says with a pinch of salt. And as for what the seller may or may not have told the EA........!

If you want to check before going further eg before waiting for and payng a solicitor, then do as I advised and obtain the lease yourself, either from the LR, or from the seller since they appear to be helpful.

NameUnavailable

If the seller has read the lease to the EA just ask them for a copy so you can see for yourself. If they don't immediately provide it then you need to wonder why!

You might also think about speaking to whoever lives downstairs, explain you are thinking of buying the flat but would want to extend into the loft. See what their initial reaction is.