Extension to a Leashold Property, anyone do it?
Extension to a Leashold Property, anyone do it?
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ALawson

Original Poster:

8,014 posts

273 months

Sunday 4th April 2010
quotequote all
At the moment I own a masionette which is the top half of a detached property. The leashold has 960 odd years still to go and the freeholder is absent.

Apart from this can you extend a leasehold property?

To the side of the property is a double garage, the garage nearest to the main property is the ground floor flat and the other one is mine. The grage is inline with the front elevation of the property and I was thinking about extending between the main house and the adjacent garage.

There is only a approx 1200mm wide access way between the two building to my half of the garden. The only problem would be taking the space above the garage in the eves of the garage roof that the downstairs flat occupy, although the leasehold doesn't go into this amount of detail. I would probably be looking to add two bedrooms with an ensuite.

Any thoughts? Obviously a set of plan drawings would help anyone wanting to comment.

Noel

586 posts

275 months

Monday 5th April 2010
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Aside from building regs and planning the issue would be consent. The freeholder will no doubt want paying for it as they'll be under no obligation.

First thing to do is put a call in to the freeholder and sound them out.


ALawson

Original Poster:

8,014 posts

273 months

Monday 5th April 2010
quotequote all
The freeholder is incognito! The two previous owners of my masionette and the lady in the flat below have spent loads trying to find the freeholder to no avail!

So that aside is it just planning?

Beardy10

24,987 posts

197 months

Monday 5th April 2010
quotequote all
I think you need the Freeholders permission I could be wrong ? Sounds like a very strange situation. Planning normally requires that you have the permission of any other residents of the building.

ALawson

Original Poster:

8,014 posts

273 months

Tuesday 6th April 2010
quotequote all
Beardy10 said:
I think you need the Freeholders permission I could be wrong ? Sounds like a very strange situation. Planning normally requires that you have the permission of any other residents of the building.
I will speak to the lady down stairs, I am sure that she will not be the problem!

ThatPhilBrettGuy

11,810 posts

262 months

Tuesday 6th April 2010
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I'd be more concerned to see if you've got buildings insurance to be honest.....

That aside, I believe if you do the work and the freeholder re-appears, they can insist the building is put back to its original start. Be careful.

Noel

586 posts

275 months

Tuesday 6th April 2010
quotequote all
So you're not paying (or getting ground rent demands)?

As a leaseholder you don't have title absolute, the freeholder does. If you carry out the works and they re-appear they could ask you to re-instate (dependant on the terms of the lease), or hold you to ransom to give a Licence to Alter. After you've spend £££ on the extension you're probably going to want to pay even if it is highway robbery.

If you want to continue down this path get a solicitor to read your lease and advise on what you can and can't do. Then make all efforts to get in touch with the freeholder.

If the place isn't big enough you might want to consider moving, buy a freehold and then you can do what you want in the future.


ALawson

Original Poster:

8,014 posts

273 months

Tuesday 6th April 2010
quotequote all
Noel said:
So you're not paying (or getting ground rent demands)?

As a leaseholder you don't have title absolute, the freeholder does. If you carry out the works and they re-appear they could ask you to re-instate (dependant on the terms of the lease), or hold you to ransom to give a Licence to Alter. After you've spend £££ on the extension you're probably going to want to pay even if it is highway robbery.

If you want to continue down this path get a solicitor to read your lease and advise on what you can and can't do. Then make all efforts to get in touch with the freeholder.

If the place isn't big enough you might want to consider moving, buy a freehold and then you can do what you want in the future.
No we are not paying ground rent, but as it is £6 a year I don't think this matters to much.

We made considerable effort to find the freeholder and it has come to nothing, so we have an indemnity in place. I also cover the buildings insurance for my property with the lady down stairs covering the bottom half of the building.