Buying the freehold of a flat above a shop

coldasISA

Hi there,
 I am a leaseholder in a flat above a shop, there are three flats in total and I have talked with the other leaseholders about trying to buy the freehold. 
 I know this can sometimes be done, but I have read different things about how it works when you live above a shop. Some sites say that if the shop makes up more than 25% of the floor space of the whole property, then the leaseholders don't have the right to purchase, but in other places I have read that the shop needs to be 50% or more to stop the leaseholders buying the freehold. 
 Please can someone tell me if it is 25% or 50%, in my case it will probably decide if we go for it or not. 
Thanks a lot. 

gwynlas

You need to explain floor plan of building relating to flats and shop ie do you each have one floor of four storey building?

coldasISA

Yes, that's right. It's four storeys, one floor each, shop on ground floor and flats above. Shop also has a small storage area which gives it a slightly larger footprint than the above storeys. With a little bit of space taken up by the stairs going up, the shop area will be I think just over 25% of the total floor space of the building, so just checking if the law is for 25% or 50% shop floor space minimum re purchasing the freehold. Thanks.

anselld

It is 25%.
https://www.lease-advice.org/advice-guide/ce-getting-started/

coldasISA

That's great, thanks!

NameUnavailable

I notice that many new developments seem to include commercial space, it's probably to protect the freeholder from having the leaseholders rights to purchase in the future! Sneaky eh!