Freeholder building roof terrace on leaseholder roof - is this allowed?

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    Freeholder building roof terrace on leaseholder roof - is this allowed?

    I live in a Victorian terraced House that has been split into two flats. We own the garden / basement flat, and have recently been granted planning permission for a side return and kitchen extension.

    The top two floors are owned by our freeholders and they also live at the property. Since we have been granted planning permission, they have expressed their interest in building a balcony / roof terrace on top of our new extension and have approached an architect to draw up some plans.

    We have a number of questions:
    - Do we have the right to refuse them as they'd be building directly above our land?
    - Would they automatically have rights to our new roof if it isn't within the original boundaries of which they own the freehold?
    - If we gave them permission, would they have to pay us to build on our land / airspace? How would we calculate the value of that?
    - Could we argue that it would negatively impact our saleability / house value due to overlooking & noise, yet increase the value of theirs by providing them with outside space?

    Thank you for your help, we've so far tried asking property lawyers and the council but it seems to be a bit of a grey area.

    #2
    If you have a lease of a garden you own as far up as you can go. No grey area.

    Comment


      #3
      Your neighbours have no right of access, to build an extension, so even with PP how do they think they are going to achieve this build?

      scaffolding needs to be from the ground !

      Comment


        #4
        Originally posted by Neelix View Post
        Your neighbours have no right of access, to build an extension, so even with PP how do they think they are going to achieve this build?
        More than that they have no right to the space they want to occupy!

        Comment


          #5
          Don't forget that just because you have planning permission, does not mean a freeholder has to grant you permision to build.

          You have 3 options.

          1) tell them that your max cost for the extension will not include for thicker roof beams to support extra weight, therefore no, they cannot build on your property, and you don't want anyone else using your property.

          2a) If you do agree, tell them you want payment in advance to strengthen the roof ( and sides if suggested )
          2b) and for advance payment for your surveyor to look at the freeholders architect plans to assertain that the architect plans have taken into account the extra strength required to be incorporated in your extension.

          3) you agree to 2a + 2b, and offer to lease him the roof area.
          It's yours and you can offer a lease on your roof property, in the same way the freeholder allowed you to lease his property.
          Price, £ 10,000 for a 99 year lease. ( Thats £ 101 per year for 99 years ).and again, the top flat pays all solicitors fees, as it's the top flat that wants to use your property, and not you, so why should you pay any of those costs.

          You are entitled to lease your roof to the top flat. and suggest you take that option. ( will help to pay for the extension.)

          The freeholder will probably decline leaseing your exterior roof, especially as the lease will state that the roof covering is to be maintained by the top flat, due to their use, and wear in tear, and heavy objects on it.

          What ever option you choose ( i suggest option 3 ) the feeeholder may refuse to give you permission to build, but freeholder has already indicated he would be happy for you to build, as he has gone so far as to appoint an architect, thereby infering he is happy for you to build an extention.

          Best not to GIVE use the roof to top flat for free.
          Best not to just allow top flat to use your roof, via a deed.
          Best to lease it to him.

          .

          Comment


            #6
            Thank you, that is very helpful.

            We managed to change a clause in our lease initially when we moved in to say that they can't withhold their consent for building works, we just have to inform them, so we should be ok there.

            The lease option makes a lot of sense, that's if they manage to get it through planning in the first place as we're hoping to have lots of roof lights etc as its a basement flat... We will see!

            Thanks for the help

            Comment


              #7
              Just remember that when it comes to building on top of your extension you are in the driving seat and no one else can be chauffeur.

              Comment


                #8
                Originally posted by e29f49 View Post
                The lease option makes a lot of sense, that's if they manage to get it through planning in the first place as we're hoping to have lots of roof lights etc as its a basement flat... We will see!
                As per post number 7.
                And planning permision does not overide the lease, nor your refusal to build on top.

                Suggest you just say no, build your extension with sloping roof, with beams recommended, just strong enough to suport the roof sheets / roof lights, and have a HASSLE free extension build, and florget the hassle of lease agreements.

                Dear Mr. Freeholder, Go forth and multiply, -- we are not interested. ( with respect )

                Comment

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