Share of the Freehold building an extension

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  • Share of the Freehold building an extension

    I am considering, buying a ground floor flat with a share of the Freehold, there will be one other person who will share the free hold who will own the upstairs flat.

    The ground floor flat has a garden in which I would like to build a shed/summerhouse. I would like to know if I need the other freeholders permission to do this?

    Normally because houses have permitted development rights and the right to build outbuildings of a certain size, because this building has been split into 2 flats, has this right to build an outbuilding without planning permission?

    Any answers to this question would be greatley appreciated.

    Thanks

    Nic

  • #2
    Assuming the property is in England or Wales.

    I assume you are asking if the flat will have permitted development rights? Flats have no permitted development rights so a new outbuilding would require Planning Consent.

    As for Freeholder's Consent, that depends on what the lease says. I would assume [read allow for in my finances] that the garden is demised to the lower flat but any material changes to the demised space would require Freeholder's Consent and any statutory consents connected with the changes.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

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    • #3
      mk1fan, thanks for your reply.

      Yes the property is in the UK, thanks for clarifying the above, I just wonder whether an outbuilding would need permission, is this not separate from the permitted development to extend the property.

      As for the other freeholders permission, is there anything to prevent me from erecting a shed/summerhouse on the land without his permission? Or anything preventing him/her from giving me permission to do this?

      Comment


      • #4
        Permitted Developments rights are split in to different 'Class' types depending in what area is being effected. Out buildings are covered under Class E. Regardless, flats don't have PD rights so you would need Planning Consent.

        You need to read the lease to determine what actions to take regarding the need, if at all, for Freeholder's Consent.
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

        Comment


        • #5
          Assuming the property is in England or Wales.
          Yes the property is in the UK,
          Scotland and Northern Ireland are in the UK but not in England or Wales!

          Generally I agree with what mkifan has said.
          RICHARD WEBSTER

          As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

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          • #6
            The flat is in England

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            • #7
              Right I have been to see the flat, and I am very interested.

              I have asked the agent to send me a copy of the freeholders agreement, so I can read this before.

              As I am a first time buyer I am a little concerned that I don't know quite what I am doing here. As I want to extend the flat, would I have to make this know when purchasing the flat? Assuming the other freeholder gave permission to extend the flat (would it be to their benefit as presumably it would increase the value of the freehold?) and how would this work with the leasehold and freehold agreements? Assuming that this extension would increase the value of the freehold, does this need to be taken into account?

              A complication of the works of extending is that a lot of pipes such as water water and soil vent pipes would need to be rerouted from the flat above, of course I would be willing to pay for all of this work.

              As a bargaining tool, I have seen that the windows and communal area and front door are not in a great condition, in order to complete the works I would offer to repair these are part of the works.

              If anyone could provide a simple explanation of this arrangement it would be very helpful!

              Thanks

              Jazzy

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              • #8
                If push came to shove you could very probably do a mobile one without any PP or PD rights, and maybe without any need for permission from your freeholder - unless it was caught by restrictions on 'vehicles'.

                That (I assume) is one of the reasons why all the Trendy Wendies in the Sunday Papers with money to throw away are suddenly unto faux-gypsy-caravans for about £15k rather than sheds, summerhouses or log-cabin chalets.

                "It isn't a structure, planning officer, it's only been in that location since Tuesday".

                ML
                Refer Mad Regulators to Arkell vs Pressdram.

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                • #9
                  Share of the Freehold building an extension

                  Hi there,

                  I am thinking of buying a ground floor flat, with a 50% share of the freehold. The other flat above owns the other freehold. THey have two floors and the ground floor flat has just a garden

                  In the future I would like to extend the flat, I assume I would need to get the other freeholders permission to do so.

                  On what grounds could they reasonably refuse me permission to extend this flat. There are many rainwater pipes, soil vent pipes and water waste pipes that would need to be removed in order to build an extension, I of course would be more than willing to pay for this.

                  WOuld it be worth contacting the other freeholder in order to suss them out to see whether the would be agreeable to an extension. Could we bargain with them in offering to do repair works to parts of their building that need work in return for the permission?

                  I assume that if I have a 50% share of the freehold it is relatively easy to extend the lease on the property.

                  Any help would be appreciated

                  Comment


                  • #10
                    Originally posted by midlandslandlord View Post
                    If push came to shove you could very probably do a mobile one without any PP or PD rights, and maybe without any need for permission from your freeholder - unless it was caught by restrictions on 'vehicles'.

                    That (I assume) is one of the reasons why all the Trendy Wendies in the Sunday Papers with money to throw away are suddenly unto faux-gypsy-caravans for about £15k rather than sheds, summerhouses or log-cabin chalets.

                    "It isn't a structure, planning officer, it's only been in that location since Tuesday".

                    ML
                    Thanks for your reply only just seen this but a mobile structure might be a way around this, like Kevin Mcclouds vanity project!

                    Comment


                    • #11
                      I assume that if I have a 50% share of the freehold it is relatively easy to extend the lease on the property.
                      Provided the owner of the other 50% of the freehold agrees or you go through the statutory lease extension process (after you have owned the flat for 2 yaers ) and pay him a lot of money!
                      RICHARD WEBSTER

                      As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

                      Comment

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