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Neighbour wants to buy loft

We own a ground floor flat (converted terraced house) where we share ownership of the freehold with the 1st floor flat.

We have been contacted by the owners of the upstairs flat as they want to add an extra bedroom. They have told us that they have not appointed an architect or applied for planning permission yet, as they are not wanting to begin the process (and start spending £££) until we give our permission to the general concept of their plan.

Their plan would involve conversion of the loft space, which we believe is not accounted for in the deeds and so it is assumed that this space is jointly owned by both flats (although we have no access to this space as it is only accessible from their flat).

While we do not have any issue with the general concept of the project, we want to ensure we are protecting ourselves and so have a number of queries:

1) We have seen various surveying firms who offer the service of valuing loft spaces but this seems to be based not only on the space itself but on architects drawings of what the space will look like after works are completed. Is this right? Is there anything to stop the tenants proposing a very basic conversation to lower the anticipated value it would add, but increasing the spec after sale of the space has been agreed?

2) We are currently renting out the flat. Are there any other considerations that we should be aware of that may impact our tenants?

3) If we sell the loft space, what will happen to the ownership of the roof and it's ongoing repair responsibility?

4) Is there anything that could negatively impact the value of our flat, should we want to sell it in the future?

And I'll see you/ And you'll see me/ And I'll see you in the branches that blow/ In the breeze/ I'll see you in the trees/ Under the sycamore trees


  • bouicca21
    bouicca21 Posts: 6,519 Forumite
    First Anniversary Name Dropper First Post
    A friend did this, bought the space, created a loft room (not compliant with building regs).  When there was a problem with the roof, the downstairs owner insisted that she was no longer jointly responsible  for the roof.  

    So I think you need to be very clear on exactly what will be involved in this scheme and the knock on effects.  Also if the extra room is likely to increase the value of the upstairs flat, I’d be enquiring about some sort of overage clause.
  • markin
    markin Posts: 3,854 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Would more rooms mean more people/kids and more noise if not well insulated in the first place, Or worse its rented out one day meaning more cars and more garden use?
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    edddy has covered the relevant and important factors.
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