Can I get planning permission for self contained flat in loft?

by Readers Question

9:54 AM, 15th October 2014
About 4 years ago

Can I get planning permission for self contained flat in loft?

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Can I get planning permission for self contained flat in loft?

I have just bought a large freehold flat which is basically the first floor of a converted semi detached house.

I own the rights to the large loft space and wondered if anyone has any experience of whether I would get planning permission to build a self contained flat in the loft?

The property is in North London and 2 minutes walk to a rail station. The flat will not have the possibility of a parking space as my flat has the only available space and the other parking space is for the ground floor flat and he has 2 parking spaces. The road has other properties where flats in the loft have been created although from my search it seems that was some years back.

My flat had successfully received planning permission for a flat in the roof but this was 20 years ago but the previous owners did not build a flat at that time. I look forward to any experiences others have had as I guess many investors must have found themselves in this situation.

Thanks

Joelloft



Comments

Freda Blogs

9:49 AM, 18th October 2014
About 4 years ago

You might be able to get planning permission, but that does not mean you can build it...

I am guessing that you have certain rights reserved under your lease and I suspect you will be unable to grant all the relevant rights over the remainder of the property to be able to construct and sell an independent unit, as these will be reserved to the freeholder.

Freda Blogs

10:01 AM, 18th October 2014
About 4 years ago

You may however be able to do the loft conversion, provided it is accessed from your own flat and forms part of it. You will need to obtain the freeholder's consent, and they may charge you for it. Some freeholders seek a payment representing a proportion of the uplift in value in return for granting consent.

Joel Hearne

9:45 AM, 20th October 2014
About 4 years ago

Hi,

Thanks for the reply. I do own the freehold to the flat. My main concern was that I do not have parking and wondered if that would stop me getting the planning.

Freda Blogs

12:35 PM, 20th October 2014
About 4 years ago

It may do, depends on the authority and their policy guidelines, and things such as: whether there is alternative parking available, perhaps on-street, or if you are close to town or a bus stop you may be able to argue that perhaps it is unnecessary.

I am still wondering about this freehold issue though. If it is a freehold flat, and you are on the first floor, do you own the freehold of the ground floor flat too or do you own a share of the freehold with others? Either way, you may still have to acknowledge or buy-in the rights of others granted to them under pre-existing leases. In your shoes I would check out whether the project is legally feasible before you go to the time and trouble of getting planning consent, which will not be concerned with legal issues, just planning policy and amenity.

Joel Hearne

15:16 PM, 20th October 2014
About 4 years ago

Hi , yes I own the ground floor flat too

Puzzler

15:52 PM, 7th November 2014
About 4 years ago

If the whole property is yours, the only people to convince are in your council. Most have a duty planning officer, go in and speak to them. You don't even have to make an appointment. They may not give you a definitive reply but you'll get some help and an idea of what to do next.


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