Can they build another 2 storeys on top of my block?
Hi everyone, I own a top floor flat in a 3 storey flat roof 1960’s Block and the new freeholders have sent us all a letter saying they intend to build a further two storeys of flats on top of the building.
The long term noise and disruption to my tenants is going to be ghastly!
Also, I have seen a development where they literally put shacks on the top with no aesthetic consideration at all. Hopefully, my freeholders will not do this.
Presently, the block has no lift. Surely, a 5 storey block of flats needs a lift?
Does anyone know the law on this or can point me to the law on the development of airspace?
All advice is appreciated.
Jean
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Member Since October 2014 - Comments: 69
12:15 PM, 18th May 2022, About 4 years ago
Hi Jean,
I’m not a legal specialist but am in a similar situation to you but only on the other side of the fence.
I hold the freehold of a number of properties in a development which sound identical to yours with flat roof’s. I am trying to garner support to put another floor on and reface the building to improve the aesthetics and site value.
The freeholders cannot remove any amenities from the existing leaseholders i.e. reduced parking, storage or outside recreation space, but apart from that, I don’t believe you can stop them.
If there are multiple F/H’s, then they just need a majority verdict to vote the changes through, plus planning etc. They may also have some planning complications regarding the overall finished height now (post Grenfell)
Member Since September 2015 - Comments: 71
1:00 PM, 18th May 2022, About 4 years ago
This is a good article that answers your questions.
Its been available for a while but with not a massive take up.
https://www.buckles-law.co.uk/library-news/planning-news/new-permitted-development-rights-for-two-storey-extensions-of-blocks-of-flats/
Member Since February 2022 - Comments: 1
1:34 PM, 18th May 2022, About 4 years ago
Hi we just had the same situation. we fought the planning permissions for years and were successful up to the last round where planning permission was granted. We, as a block, moved to Collective Enfranchisement, if over 50% of leaseholders are in agreement you can force the Freeholders to sell to you. at the last hurdle in this the freeholders auctioned off the freehold and we had first right of refusal and bought it. We are now free!
https://www.lease-extension.co.uk/services/enfranchisement/
we used these guys
Member Since July 2013 - Comments: 2002 - Articles: 21
6:49 PM, 19th May 2022, About 4 years ago
Hi Jean
You may be able to protect your position but you and the other leaseholders need legal advice. The lease may restrict what can be done and the covenant for “quiet enjoyment” (which covers much more than just noise) may help.
Member Since March 2015 - Comments: 22
4:00 PM, 20th May 2022, About 4 years ago
Thank you very much for all your replies re: building two floors on top of block of flats. Very helpful.
Jean