Roof repairs - share of freehold flat

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    Roof repairs - share of freehold flat

    thanks in advance for your advice on this one. So i recently moved into a share of freehold flat, a converted town house, i am on the first floor, there is one flat/neighbour above, 2 flats below.

    5 years before i purchased the property the flat above me was granted planing consent from the other freeholders to convert the loft into an extra bedroom, with velux windows installed front and back. The building has never been properly maintained, and as such a maintenance fund has never been put in place for the up keep of the building, which is currently done on an ad hoc basis.

    We are currently in the process of arranging a monthly fund for this between the 4 freeholders, however the guy in the flat above is insisting the roof needs to be replaced which should be first priority.

    Hes coming back with figures around £28k for this work which only affect his property.

    Please correct me if i'm wrong but If he has been granted sole use of the loft by the share of freeholders and converted this by installing windows and affecting the internal structure surely he's responsible for the maintenance of the roof and we are not obliged to contribute to this? I can't imagine a senario of extending a flat into a garden then asking the other freeholders to pay for the maintenance of that extension.

    Thanks for your help.

    #2
    What does your Lease say, what is the exact wording in your Lease? Normally the roof is the responsibility of all leaseholders to repair and maintain. What is wrong with the roof?

    Comment


      #3
      The original leases would likely have made the freeholders responsible for maintenance of the roof, as would be the case for other parts of the structure of the building.

      How responsibilities were shared after permission for the loft extension was granted should have been sorted out at that time.

      What your leases say is the important factor as far as who is responsible for getting the work done and how much you each pay. Whether the roof is the most important task to be done first will depend on what is wrong with the roof and what else needs doing to the building.

      Comment


        #4
        Originally posted by boss1234 View Post

        Hes coming back with figures around £28k for this work which only affect his property.

        Please correct me if i'm wrong but If he has been granted sole use of the loft by the share of freeholders and converted this by installing windows and affecting the internal structure surely he's responsible for the maintenance of the roof and we are not obliged to contribute to this? I can't imagine a senario of extending a flat into a garden then asking the other freeholders to pay for the maintenance of that extension.

        Thanks for your help.
        You are wrong on the first part of this - the roof affects all your properties. You are probably wrong on the second part. Unless there was specific agreement that he would maintain the roof in future then you are all liable. This is nothing like extending into a garden, where a new structure is created, more akin to subdividing a room in your flat - which has little relevance to who maintains the external wall.

        Comment


          #5
          The freeholder should have required the cost of all leases being varied should have been paid as a condition for consent, but, if the leases weren't varied, and unless the wording is rather strange, it is almost certainly the case that the freeholder is responsible for repairs,

          Was planning consent obtained for the windows (only single dwelling houses have permitted development rights for these)? Did the freeholder check that all necessary building control approvals were obtained?

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