Retrofit basement in a leasehold flat

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    Retrofit basement in a leasehold flat

    Hi Everyone

    Does anyone have any experience of retrofit basements being created under leasehold flats. My neighbours in the flat above love the idea (as we are very close and it would allow us to stay rather than move).

    I'm really after advice of what the benefits would be to the freeholder and what their grounds for refusual could be. Does money usually have to change hands as the lightwells will impact on ground that the flats do not sit on?

    many thanks.

    #2
    Originally posted by essexlandlord View Post
    Hi Everyone

    Does anyone have any experience of retrofit basements being created under leasehold flats. My neighbours in the flat above love the idea (as we are very close and it would allow us to stay rather than move).

    I'm really after advice of what the benefits would be to the freeholder and what their grounds for refusual could be. Does money usually have to change hands as the lightwells will impact on ground that the flats do not sit on?
    Starting from basics:
    A. The lease of a flat defines what area (horizontal and vertical) is demised to its lessee.
    B. Almost always, the foundations and anything else below the floors of a ground-floor flat are excluded.
    C. So those parts (structural) are like common parts (e.g. gardens, accessways, staircases leading to upper flats) and not demised at all.
    D. Each flat's lease will contain easements of support/use/etc. as appropriate.
    E. If the ground-floor lessee wants a supplemental lease of the new 'cavity' basement, the lessor must first take a professional structural engineer's advice (at the lessee's cost) before even deciding whether to consent and in exchange for what paymment.
    F. A new lease like this may also affect service charge % contributions from all lessees.
    G. Lightwells may open onto other land of the same lessor or onto someone else's land. Either way, new rights need to be considered in more detail than available here.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      thanks as always jeffrey. i'll read through my lease tonight.

      your a star.

      Comment


        #4
        Pleasure to help. Are there just two flats (yours + upstairs) in the building as a whole?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          There are. The property was previously a very large 5 bedroom house which has been split into two decent sized flats.

          The basement idea is one we're looking into as we love the area and our neighbours and would prefer not to move. From April there will be 5 of us in a 2 bedroom flat.

          Plus I've been looking at the websites of the companies that do retrofit basements and I just think they look amazing and it is such an unusual thing to do.

          Comment


            #6
            The real problem is the need (in almost all cases) for costly digging-out by hand. It depends on ground levels and size of gardens, but rarely can machinery be dropped down far enough to assist in the excavation work.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by jeffrey View Post
              The real problem is the need (in almost all cases) for costly digging-out by hand. It depends on ground levels and size of gardens, but rarely can machinery be dropped down far enough to assist in the excavation work.
              There must be some sort of small burrowing animal which can be trained up to assist in these situations?
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment

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