Extension to leasehold property - do lease plans have to be revised?

[Raine55]

Hi, I would be grateful for any views on a current situation that has arisen.

I live on a leasehold development which has 11 leaseholders divided into 4 properties. We all have identical leases. My block has been converted into 3 properties with the freeholder living in a house in one end. I have received planning notification from the local Council stating that the freeholder intends to build a side extension to her property. My questions are: would this be considered an increase in the footprint? If so, is it a legal requirement for her to arrange and pay for a Deed of Variation to all 11 leases as the plans will not be correct? Could this cause a problem selling my property if the leases are not changed? Thank you so much in advance for any advice.

[Lawcruncher]

Is the area into which the freeholder proposes to extend included in any area designated to be shared by the leaseholders?

[Raine55]

The plans say that the extension will be built on to a side pathway which she states is for her sole use. This path runs alongside her end property and leads to her property’s front door. She is both freeholder & leaseholder. However, our leases state that all leaseholders have easement rights over pathways. So I am a bit confused! The director of the resident’s association has asked for some proof of her claim.

[Raine55]

The path also runs alongside the driveway into the estate car park so is used by residents to enter/exit on foot.

[Lawcruncher]

In that case I would say that she cannot build as planned without the consent of all the leaseholders. I think that rather than asking her for proof she has the right to build you need to tell her she cannot build because the leaseholders have rights over the path. Best to check though that that is actually the case.























case.

[Raine55]

Thank you, I appreciate your view. I have a feeling that permission is required but I am also responsible for paying 33% of the future maintenance and insurance for this 2-storey extension and wondering if the percentages should be adjusted ? I am just worried current lease plans will be void when selling if a Deed of Variation is not done at the same time.

[Flashback1966]

I am also responsible for paying 33% of the future maintenance and insurance for this 2-storey extension

Normally the leases should be adjusted, so you pay a fair share. What is the wording on your lease?

[Raine55]

Lease wording as follows: ‘The Service Charge or proportionate part is: (a) 29.72% of the costs of maintaining the Block numbers 4,5 & 6 (address) and
(b) one eleventh of the cost of maintaining insuring and repairing the common parts including the drives, paths, parking spaces, outside lighting and garden’

[Raine55]

I have asked freeholder to confirm if they are going to update leases but no response.