Extension on top of the flat

by Readers Question

16:43 PM, 4th October 2015
About 3 years ago

Extension on top of the flat

Make Text Bigger
Extension on top of the flat

I own a flat in Ealing, West London. There are total of 47 flats in my block. Flats 1-45 are in the main block and Flat 46 & 47 are at the back of main block. Flat 46 is on Ground Floor (separate door) & Flat 47 (my 2 bedroom flat-approx.63sq.mtrs) is on First floor with separate staircase and door. flat

There is flat roof for my flat with old redundant chimney. There is nothing above or on any sides of my flat. Flat 46 (ground floor flat) is attached to a garage on one side. (there are set of garages and backside wall of Flat 46 is attached to one of them). I hold share of freehold & 999 years lease (Master lease & Sub lease for my Flat)

What I am looking to do & would like to check if this is possible
——————————————————————————
I am looking to build a floor above my flat with bedrooms (3-4) and a small open terrace access with internal staircase from my current flat. I would like to know how to proceed with this project. Do I need planning permission and building reg or both. Do I need to get approval of freehold company? What would be the cost of the project? Is there a space restriction, i.e. % of your current property?

Many thanks

Salil



Comments

Freda Blogs

9:52 AM, 5th October 2015
About 3 years ago

Hello Salil

You will need planning and building regs permissions. However, before embarking on those processes, I am guessing that you will need to freeholders consent, unless the flat roof is within the demise of your lease (which I very much doubt). In all probability, the landlord is going to want to have a share in the value created by the proposed new accommodation. You may also need to address party wall legislation prior to any construction works.

I recommend that you speak to a solicitor or chartered surveyor in the first instance to understand the legal and practical issues, and subject to the advice you receive, you should approach the freeholder with the proposal.

Even if you obtain planning consent to start with, that does not mean that you necessarily have the go-ahead to start construction .

I hope that helps.

Freda

Colin Dartnell

10:07 AM, 5th October 2015
About 3 years ago

You may need a structural engineer first to see if the building will take the weight of another floor.

Nick Pope

15:20 PM, 6th October 2015
About 3 years ago

I believe that you will need both planning permission and building regulation approval together with permission from the freeholder who would ask for a share in the additional value created. It is also possible that it could be prevented by the lease or that other leaseholders may have a right to object.
Additionally there would be alterations required to the lease so far as insurance, maintenance charges etc are concerned.

All these matters will be expensive and may negate the value increase.

Please note that even if you get planning and building regulation approvals you would not have the right to carry out the work without the freeholders permission.

Nick Pope

15:37 PM, 6th October 2015
About 3 years ago

Just for clarity on my comment - the freeholder in this case re the existing flat owners but they are separate legal entity from each owner singly. There are 47 owners and I assume that a simple majority would be required to allow the work (check the lease on this point) - do you think you would get at least 23 others to agree?

Salil Dhavale

17:10 PM, 6th October 2015
About 3 years ago

Reply to the comment left by "Freda Blogs" at "05/10/2015 - 09:52":

Thanks Freda, Colin & Nick for your comment and advice.

To get the ball rolling, I had a meeting with Planning officer on Monday and after looking at the photos and plan, the officer asked me to submit the application. She said they will scrutinise it once received and then they will give the decision.

I am aware that freeholders consent in this matter will be very crucial.
The freehold for our block of flats is owned by few of the tenants who had formed a limited company few years ago to purchase the freehold from previous freeholding company. I hold a share in this New Freehold company. We have a board of directors for this freehold company and our flat is managed by the managing agents.

I have spoken to one of the directors and he has asked me to submit my proposal through the managing agents for them to have a look at it. I will be getting in touch with my solicitor in this matter to understand the lease.

If I get planning and building regulation approvals, can the directors refuse it on unreasonable grounds? Is it only the directors who decide or all the tenants/leaseholders get to give their opinion?

Puzzler

9:13 AM, 10th October 2015
About 3 years ago

As the rest of the leaseholders (whether or not they are shareholders) will be liable for the upkeep of the fabric of the additional building, they will rightly have an interest in the decision. You will still only own a lease on it. I think you need legal advice before you spend out too much on planning applications. All the leases will have to be amended so this could be a very expensive exercise.

Les Charneca

9:15 AM, 10th October 2015
About 3 years ago

You can apply for planning without the landowner's owner's consent, but you must inform them. But there is no point. To actually build it you must get the landowner's consent. In your case you need to put your proposal to the landowner (Limited company). You are going to have to lobby your fellow neighbours (shareholders) to get support. The ones most affected by your proposal through visual, noise etc are least likely to support you. Work on the ones that are least affected and that you have best relationship with. Sometimes an open house party where you can show your plans and answer informally any objections works. Welcome to democracy.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Millennials stumble on the Property Ladder

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More