I own a share of the freehold to my property. Are there any legal rules I need to comply with to make structural changes?
Question: I have just been granted planning permission for a rather lovely external wrought-iron staircase up to my flat, with a door where there is now a window. I own a share of the freehold of the property along with my neighbours. Are there any changes to my lease that I need to make, or any other legal rules I need to comply with, before I call in the builders?
Answer: Check your lease to see whether you actually own the window you are doing away with and, for that matter, the area you are putting the staircase on. Perhaps they belong to the freeholder — that’s you AND your neighbours.
There is likely to be a covenant requiring you to obtain the prior written consent of the freeholder before you carry out any structural alterations or additions to the property.
Formal written consent of the freeholder is necessary even though you own a share of the freehold. Will my neighbour's extension put a buyer off in future?Building regulations consent may be needed and also listed building consent if the building is listed.
Your lease is likely to need varying to show the new access arrangements.The freeholder may wish to increase your service charge and charge a premium if the value of your flat increases as a result of the works.
The freeholder will require sight of the planning permission and any building regulations and listed building consents, and may also wish to see a structural engineer’s report and detailed plans.
You are likely to be liable for the freeholder’s legal and surveyor’s fees in relation to the granting of consent and the preparation of the deed varying the terms of your lease.
These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.
If you have a question for Fiona McNulty, please email legalsolutions@ standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.
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