Head Lease holder and loft conversion

  • Filter
  • Time
  • Show
Clear All
new posts

    Head Lease holder and loft conversion

    Good Morning,

    I was hoping to get some advice on some questions I have regarding the necessary consent I would need to convert the loft space above the first floor flat I have just completed on, into living space.

    My situation

    - The property is a large semi detached which has been split into 2 flats
    - I have purchased the top floor flat and want to convert the loft above it into living space
    - There is a freeholder {Mod - name removed} who collects the ground rent but the whole building premises has been demised from the freehold into a head lease (first floor) and then a subsequent under lease which has demised the ground floor to the other lease holder
    - The head lease (which I have purchased) has not demised the loft space to the under lease therefore it is part of the retained premises under the head lease which I now own. My solicitor has verified this to note that the loft space has therefore passed to me with the head lease
    - The head lease and the under lease are long lease holds

    My questions

    1. What consent ( if any) do I need from the freeholder and the under lease holder and what costs are both parties likely to want to put to me for giving consent ?

    2. Would either the freeholder or the under lease holder have grounds to object to the loft conversion that would not allow me to go ahead ?

    Many Thanks,


    it depends if the head lease is specific about the use of the loft space as say storage, if any rights are granted to the underlessee, eg right to put up an aerial or have a water tank etc, and what the head lease says about alterations to the building and loft space, in terms of consent or a prohibition or restriction.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.


      Thankyou. The head lease is very old and the under lease is approx 20 years old and quite sparse in terms of its detail in general. The under lease does permit an allowance to put up a TV Ariel on the side of the building but it makes not mention at all about the loft except to say that the upkeep of the roof should be split 50 / 50 between the 2 flats. There is no management company in place. There is also no sinking fund and its clear that no work has taken place on the roof previously. My thinking was to offer the under lease holder a release from the obligation to pay a 50% upkeep on the roof if he granted the permission for the loft conversion. I was interested to know however at this stage if there was grounds for the outright refusal and also what the freeholder is likely to want.


      Latest Activity


      • Picket fence
        by toulon
        I want to turf my lawn, plant shrubs and erect a 500 mm high wooden picket fence.
        I have been shielding due to health issues and tenants who rent in adjacent properties let their dogs foul on my lawn.
        I want to use the garden safely, its part of my leasehold and deed. The lease says...
        22-01-2021, 14:34 PM
      • Reply to Picket fence
        by theartfullodger
        Front or back lawn? Or both?

        Councils may have guidance on height of fences in different areas...
        22-01-2021, 15:12 PM
      • Reply to Picket fence
        by Jon66
        Why not ask the freeholders permission? That would seem the most pragmatic solution....
        22-01-2021, 14:42 PM
      • Add a porch
        by Arvid Li
        I want to add a porch to external door of my house
        Do I need to request for inspection the Porch (the Porch is under exempt from building regulation approval) by Building Control Surveyor?
        If yes, could you advice me the procedure of request for inspection, Many Thanks
        12-01-2021, 08:34 AM
      • Reply to Add a porch
        by Echoes
        Does this apply to conservatory or orangery at the back of the house as well? Do we need some kind of permission or certificate before/after the development if its not affecting any of your neighbours? Thanks
        21-01-2021, 18:13 PM
      • Reply to Excessive garage height
        by Interlaken
        Take photos and write to the Chief Planning Officer giving full details and say why you are unsatisfied at the lack of consultation and the outcome. If you don't get satisfaction write to the Planning Inspectorate - find out where yours is. If you win your case the council have to pay to have the...
        21-01-2021, 17:25 PM
      • Excessive garage height
        by Neil2011
        Dear All,

        The end of my garden backs onto a private access lane. At the bottom of a majority of gardens there are garages that back onto the lane the garages are between 3-3.5 meters in height. This is mirrored on the opposite side of the lane.

        The house opposite mine...
        21-01-2021, 08:35 AM
      • Reply to Excessive garage height
        by Neil2011
        Dear All,

        Many thanks for your replies. After talking to the planning office it appears that three neighbours did receive notice via post back in 2019. They did not think it necessary to check the height mentioned in the plans .I find it strange that I did not even though I am obviously...
        21-01-2021, 12:09 PM
      • Reply to Excessive garage height
        by Interlaken
        I think that is disgraceful. I help run a community forum that polices planning app notices stringently...amongst other things....
        21-01-2021, 11:27 AM
      • Reply to Neighbour wants to use my planned extension to build double story extension.
        by Lawcruncher
        Your lease includes the garden. Unless the lease provides otherwise, this will include all the airspace over the ground. Accordingly, you have complete control over the airspace which will be above the proposed extension.
        21-01-2021, 10:08 AM