Share of Freehold Consent for Ground Floor & Basement Extension into Garden

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    Share of Freehold Consent for Ground Floor & Basement Extension into Garden

    We are considering extension into a back garden…and would be grateful for your views / advice.

    We own a share of freehold in a building (which has 6 flats and has no basement) as well as a long-term lease on a flat on the ground floor. The lease entitles us to the ground floor flat as well as a back garden, which only our flat has access to. The lease provides that the freeholders may not unreasonably withhold consent for request for extension (into the back garden). However, we are considering not only a ground floor extension into the garden, but also a basement extension into the garden.

    Our question is whether we would need to purchase rights to subsoil to do a basement extension and / or the freeholder may refuse consent “unreasonably”.

    We ask this, as the lease provides that, for the flat, i) we only own area above the floor and below the ceiling; and ii) the freeholder retains rights to “Retained Parts”, which includes area below our floor. That is to say, we do not have any rights to the area below our floor in our flat—so, if we want to do a basement below the flat, we would have to purchase rights to the area below the floor.

    However, as for the garden, the lease simply provides that we are entitled to the garden without any qualification as to above / below ground. Further, the definition of “Retained Parts” does not include subsoil / below ground in the garden. So, our best guess is i) we own rights to the garden area out right and we do not need to purchase subsoil, but ii) we would need to get the freeholder’s consent for doing the extension as per the lease, however, such consent cannot be unreasonably withheld.

    Is this the right way of looking at our legal right? We would be very grateful for your views!


    BUT, if there is no current basement, I as a freeholder and all the other owners would object to you removing 9 foot of soil below the building, and the possible collapse of the building while undertaking the work on ground that does not belong to you.
    Add to that you want to remopve soil outside the walls, into the garden.

    I can see the house tiping over, and you beind sued to rebuild at £ 2 million.

    The garden does not belong to you, it is leased to you from the freeholder. and payment of many thousands will have to be ppaid to the shareholders if you were granted permission, which you should not be granted, as too many complications and danger is associated with your plans.

    If i can find the post that shows a house falling down because of a basement extension, i'll post here later.

    and here is the "later"

    What happens when you dig out the foundations when there is NO basement already,


      No, that's what happens when you undertake structural work when you don't know or care what you are doing.

      Whilst not overly complicated work it does need to be done with due care and attention.

      Aside form whether or not you get FH consent and assuming the property is in England or Wales, I can foresee a huge bill in relation to the Party Wall Act. There's 6 Adjoining Owners in the block itself (FH + L's) for starters. Are there any neighbouring properties within 6M of the proposed new Basement? Are these blocks of flats too?
      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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