Share of freehold permission

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    Share of freehold permission

    Hi all,

    We bought our ground floor flat in the middle of last year, it is a share of freehold with 2 others also freeholders. The are the two upstairs flats.
    We have the lease to our ground floor flat and then half of the garden.
    We have recently started having plans drawn up for us to extend out in to the garden. After showing the upstairs neighbours the plans they have flagged an issue and believe that they are able to block us from doing any work as they are unhappy with a skylight position and that this will stop them from building on top of our extension in the future.

    As the garden section we are building in to is solely on our leasehold do they have any capacity to stop us from doing any building works in to it? Would they need us to give them permission to build on top of our extension in the future?

    Any assistance would be greatly appreciated.

    ​​​​​​​Thanks

    #2
    It is not as simple as you think. The fact that you are leasing the garden does not necessarily mean you can build in it. It might do.

    There are a host of other issues -- who do you think will maintain/insure your extension for example? You might or might not need to pay the freehold (and your fellow lessees) an amount of money to reflect the uplift in value. What about health and safety issues?

    What exactly do the leases say?

    The fact you are leasing the garden does not mean you are also leasing all the air and space above it. Or that you are leasing it for use other than a garden.

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      #3
      As the garden section we are building in to is solely on our leasehold do they have any capacity to stop us from doing any building works in to it?
      It is normally a requirement that the Freeholder, as the Lessor, will need to grant permission for alterations to an existing leasehold flat.

      If there are three people named as the freeholder in the register of title then there will need to be three signatures on any permission granted to the ground floor leaseholder to extend into the garden that is part of the bare land demised by the lease.

      The previous posting about future maintenance costs and insurance for an extended building not contemplated by the current lease is also very relevant if the freeholder is responsible for building maintenance and insurance costs.

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