Roof Extension

[Anna1985]

Hi,

Could you please help!

Roof Extension apart from the planning permission, is there anything else to aware lease wise?

Currently costs of maintaining the roof are split equally between leaseholders.

If there is an extension - what should happen?

Thank you

[Neelix]

Party Wall agreement(s)

[Section20z]

Last one I allowed, the flat with the benefit agreed to take full responsibility for the roof

[sgclacy]

Granting the lease of the roof space for it to be developed would require the freeholder to serve a Section 5 Notice

If the lessee of the top floor flat wants to extend into the roofspace, then Section 5 will not be required if the demise of the roof space is done as a deed of surrender and re-grant in conjunction with the existing flat

[Anna1985]

Last one I allowed, the flat with the benefit agreed to take full responsibility for the roof

Thank you. How does it actually work - all leases are updated or just the one for the beneficiary?
thank you

[Anna1985]

sgclacy,

Thank you.
Yes, it is a lessee of the top floor.
and the 1st case - is it when freeholder wants to extend the roof and sell the lease?

Thank you

[sgclacy]

Section 5 would be required if you are proposing to sell the roof space to a developer.. the notice to be served before the lease is granted

No section 5 would be required if you take a surrender of the lease of the top flat and regrant that lease including the roof space with the rights to be able to convert it into additional accommodation to be used by that flat - subject to statutory consents

[Section20z]

Thank you. How does it actually work - all leases are updated or just the one for the beneficiary?
thank you

We just changed one, I can't see any of the others complaining in future that they are not being charged for the roof upkeep, can you ?

[Anna1985]

Section20z , hahaha, well no. Just don't want to get into into the problems in the future.

[Macromia]

We just changed one, I can't see any of the others complaining in future that they are not being charged for the roof upkeep, can you ?

It could leave an opening for a later owner of the lease with the extension to challenge the split of the service charges though - on the grounds that the leases will allow collection of over 100% of the cost of any roof repairs.