A couple who own a leasehold flat are looking to renovate the place and, make some changes to an old outhouse in the garden. However, there are three other flat owners who also own a share of the freehold who may not agree with the change. What is the best way of dealing with this? Find out below.
Q: We have a two-bedroom flat that we inherited from my husband’s parents years ago. It is in a lovely old building and it has always been let out, but the tenants have just gone and we have now decided that we would like to refurbish it.
In particular, we want to knock down an old outhouse in the garden, which has been there for years, and build a new garden room. We are unsure if the other three flat owners will be happy about the garden room - we know one of them at least is rather tricky. We all own the freehold. What is the best way of dealing with this?
A: Consider your lease to ensure the garden forms part of your demise, as you may just have an exclusive right to use the garden. The lease should include details of any restrictive covenants regulating the use of the flat and garden. Most residential leases require prior written consent of the landlord for alterations and additions.
Even though you own a share of the freehold, formal written consent of the landlord is still needed. The lease should detail the landlord’s requirements for granting consent to alterations, and you will be responsible for the landlord’s surveyor and solicitor fees in dealing with your application. Planning and building regulations consents may be needed depending on the extent of the works.
If the building is listed, then listed building consent may also be required for your planned works. As the outbuilding is within the curtilage of the listed building, any alterations or additions to it, or demolishing it, would require listed building consent.
Speak to the other flat owners at an early stage regarding your plans, in the hope of avoiding or resolving issues when you make your formal application.
Do You Have A Conveyancing Question?
If you have a property law question and would like some legal advice, please get in touch with our friendly and knowledgeable team. We’re happy to help!
