Getting freeholder consent before purchase

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  • deshg
    replied
    Thanks so much for your help guys, unfortunately we discovered that the roof extension was never done legally (floor wasn't reinforced) and offered a lower amount so we could remedy this however the vendor didn't accept this and has gone to someone else who will apparently pay the asking price (although if they have a survey then they'll be in the same boat again in a month or 2!)

    Thanks so much as ever!

    Dave

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  • Lawcruncher
    replied
    If the ability to make the proposed alterations is an important factor in your deciding whether or not to proceed the only possible advice is not to exchange contracts until you have all the consents needed.

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  • deshg
    replied
    Originally posted by ram View Post
    Freeholder would not be difficult, as the roof space does not normaly belong to a flat.
    You would own the flat, not the whole building, so those that own the building, be it the
    freeholder or the other lesseees by way of a Managing Company / RTM have say over
    what can be done, as well as the lease that usualy says not to structuraly alter the building
    without permission / structural survey, and plans drawn up for the management company
    and the Land registry, and a fee to give such authorisation, should such authorisation
    ever be given.

    You certanly cant expect to get permission for what you intend, if you dont yet own
    that flat, and no one is going to go to the expense of getting chartered surveyers,
    at your expense, even if the freeholder employs one, still at your expense if you
    don't yet own the flat.

    If the roof space is not demised to the flat, the other leaseholders may want to agree /
    disagree with the conversion. You would also have to buy the roof space and then be
    responsible for repairs and maintenence of the whole roof, and if ever you are faced with
    a replacement roof, and you don't have the money, there can then be problems for you.

    If I was the freeholder or other leaseholders, I would not entertain anyone wishing to do
    what you suggest.
    Hmmmm fair point FYI the flat includes an existing attic room with a staircase and dormer window, i'm waiting to get a copy of the leases to confirm this is definitely demised to us. Assuming the loft space and roof is demised to us already (but probably not the air space above the roof) then does this give us any more likelihood of being able to extend the attic room (as all we'd need to buy is right to the air space)?

    Ultimately i'm just trying to ascertain the likelihood of us being able to do any work up there and, if so, if there's anything we can do during purchase to increase that likelihood or if we've just got to hope and it's unlikely unless we pay him a load of money?

    Thanks very much,

    Dave

    Leave a comment:


  • ram
    replied
    Originally posted by deshg View Post
    it seems it could be a nightmare after completing if
    he decides to be difficult. Dave
    Freeholder would not be difficult, as the roof space does not normaly belong to a flat.
    You would own the flat, not the whole building, so those that own the building, be it the
    freeholder or the other lesseees by way of a Managing Company / RTM have say over
    what can be done, as well as the lease that usualy says not to structuraly alter the building
    without permission / structural survey, and plans drawn up for the management company
    and the Land registry, and a fee to give such authorisation, should such authorisation
    ever be given.

    You certanly cant expect to get permission for what you intend, if you dont yet own
    that flat, and no one is going to go to the expense of getting chartered surveyers,
    at your expense, even if the freeholder employs one, still at your expense if you
    don't yet own the flat.

    If the roof space is not demised to the flat, the other leaseholders may want to agree /
    disagree with the conversion. You would also have to buy the roof space and then be
    responsible for repairs and maintenence of the whole roof, and if ever you are faced with
    a replacement roof, and you don't have the money, there can then be problems for you.

    If I was the freeholder or other leaseholders, I would not entertain anyone wishing to do
    what you suggest.

    Leave a comment:


  • deshg
    started a topic Getting freeholder consent before purchase

    Getting freeholder consent before purchase

    Hey everyone,

    My girlfriend and I are hopefully about to agree a final price to complete on a property (we're haggling over a couple of thousand). It's a 2 bed flat at the top of a 3 storey house on the top floor with one of the bedrooms in the attic. We want to knock down the probably load bearing wall between the kitchen and sitting room and we also want (eventually) to extend the attic room with a mansard and balcony. I've spoken to the planning dept and it sounds like this would be fine. I obviously need freeholder consent and I need my lawyer to check the lease to see who the roof is demised to, but what is the situation with getting some kind of advance agreement from the freeholder that these works could be carried out to stop them blocking it or charging us a fortune? The problem is I don't think he's very active and doesn't own any of the other flat leases so I can't see why he'd bother replying to my solicitor/agreeing anything?

    If anyone could offer any advice as to the best way we can help ourselves in this situation it would be greatly appreciated as it seems it could be a nightmare after completing if he decides to be difficult.

    Thanks very much,
    Dave

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