Advice needed re Party Wall Query

[MeMyElfandI]

Sorry if this is the wrong area to post but need some guidance from someone with some property expertise.

We own a flat on a leasehold basis. In the block there are 3 other flats, these are all owned by the freeholder. The freeholder has got permission to add an extra floor to the building.

Our flat is currently a top floor flat so the building work will involve adding an additional flat above ours and full replacement of the roof of the building.

We have also been advised that all occupants will have to vacate the building on certain days between 8am and 5pm when certain work will be carried out and the occupants will be given 48hrs notice of this.

My question is what rights do we have as a leasehold owner of the flat? Should there be a Party Agreement in place as they will be building directly on top of our flat? How do we protect our flat from damage etc during the work etc.?

Sorry really quite worried about this and have only been told that the works are commencing in a week’s time. DH thinks that as the freeholder owns the building as a whole and we only own the leasehold of our flat then there is nothing we can do?

Who owns the roof space? Do you have a right to use it?

Go and ask on money saving expert

forums.moneysavingexpert.com/forumdisplay.php?f=16

Hello. Steve the party wall surveyor here. The ceiling structure between the roof and your flat will be a party structure and falls within the notice requirements of the party wall act. You should expect a notice and be able to engage a surveyor to agree a party wall award. There may be other issues that fall within the act depending on the full scope of works. As to requiring you and your neighbors to move out or vacate I'm not sure they have a right to do that. Your lease probably has a quiet enjoyment clause and this would seem to be contrary to that. You will also need to consider how the work will affect the common parts and any future Division of service charges. I presume t heir not trying to swing some costs onto lessees with some vague suggestion of building refurbishment? Steve