Misled about roof / roof space being included in flat

blueberry_a7_b7

The sellers have managed to get all freeholders to agree to the roof space being added to the flat's lease and they're not asking for a premium for it! It will all be sorted before completion.

Going to run by our solicitor in the AM but wondering if there's anything else we need to consider here? 

The only thing I'm unsure about is: Is there any way to get pre-emptive permission from freeholders saying they won't block us going for an extension or conversion? (providing we get all the necessary planning permission). Is that something we need to flag here?

user1977

Yes, in theory, if you know what you're planning to do. I doubt you'd persuade them to give you a waiver for whatever you come up with in the future.

eddddy

blueberry_a7_b7 said:

The sellers have managed to get all freeholders to agree to the roof space being added to the flat's lease and they're not asking for a premium for it! It will all be sorted before completion.

Going to run by our solicitor in the AM but wondering if there's anything else we need to consider here? 

The only thing I'm unsure about is: Is there any way to get pre-emptive permission from freeholders saying they won't block us going for an extension or conversion? (providing we get all the necessary planning permission). Is that something we need to flag here?

The devil will be in the detail. For example,

• Will the lease restrict what you can do with the roof space? Maybe only use it for storage? Maybe specifically say it cannot be used as habitable space?

• Will just the roof space be added to your lease, or will the roof structure as well? If you don't 'own' the roof structure, you'll have to negotiate agreement to cut holes in the roof for windows and/or dormers.

If so, you could be asked to pay a premium for allowing the change from storage to habitable, and/or for allowing holes to be cut for windows/dormers.

And what does the lease say about making alterations? Are alterations banned, or allowed with the freeholder's consent?

Getting consent for everything before exchange of contracts would be an ideal solution - but that's likely to be a very detailed and complex process.  It's likely to take at least a few weeks/months.

Albermarle

Will just the roof space be added to your lease, or will the roof structure as well? If you don't 'own' the roof structure, you'll have to negotiate agreement to cut holes in the roof for windows and/or dormers.

Could that not also make the OP solely responsible for roof repairs/replacement, rather than it being a shared responsibility? If so could prove expensive .

eddddy

Albermarle said:

Will just the roof space be added to your lease, or will the roof structure as well? If you don't 'own' the roof structure, you'll have to negotiate agreement to cut holes in the roof for windows and/or dormers.

Could that not also make the OP solely responsible for roof repairs/replacement, rather than it being a shared responsibility? If so could prove expensive .

Yep - that's just one example of why I say getting consent is "likely to be a very detailed and complex process".

Holes might need to be cut in the roof, the structural support for the roof might need to be rearranged.

As you suggest, if the OP's builder does a botch job and the roof collapses in a few years time, the other leaseholders won't want to have to contribute to the repair costs.



In fact, prudent shared freeholders should insist that the OP submits a structural engineer's report plus calculations, and probably a building surveyor's report as part of the application for consent.

And maybe the joint freeholders instruct their own structural engineer and building surveyor to review those reports, etc, etc - before granting consent.