Neighbour in maisonette wants to make structural changes - advice needed!

[debamama]

I have legal/building related questions. We live in a maisonette (co-freeholders) in London and our new upstairs neighbour is planning to do a loft conversion and knock down chimney breasts. We're okay with this in principle, but we're a bit unsure about the details. We've informally agreed that they will take responsibility for repairs to the roof because of the loft conversion (currently it's split 50/50), but we're not sure about other things like the chimneys (especially because of the chimney breast removal) and gutters. Does anyone have experience with this and could share what the usual agreement is?
Additionally, we're not sure whether to each appoint our own solicitor or to get one to deal with it for both parties. Thoughts?
Last thing, they want to change the carpets to wood (this is a breach of the lease). We might be ok with it as long as sound proofing is excellent! Can sound proofing ever be as good as carpet for reducing noise?
We want to be fair, but also not end up worse off.
If anyone has any advice or experience with this, we'd really appreciate it.
Thank you!

Definite no to changing flooring. The noise will be horrible.

Chimneys are often structural, so they will need to show you a surveyor's report and architectural plans

Don't let them change the floor. I've heard the difference in upstairs flooring in someone's flat, before and after their neighbour changed it. It was absolutely awful.

Speak to your solicitor. You need legal advice before you agree to anything, especially as the property title will need to be changed in regard to roof responsibilities etc. As pp has said, do not let them change the flooring!

that should be independent legal advice, you need your own solicitor.

You’ll need to sign a party wall agreement which involves them paying for surveyors to represent you (not sure of the details).

Personally i wouldn’t be happy about this and if there’s any way to refuse I would.

A definite no to changing the flooring. No amount of soundproofing will work under these circumstances. As to the major issue of structural changes and removing chimneys, this needs a professional report and you need your own legal representation. Also check with your council's planning and building control departments (they are separate and often don't communicate between each other ime!) I personally wouldn't agree to any of it.

As long as they're doing it properly and supporting anything that needs supporting, and you don't need the chimney yourselves, there is no problem removing a chimney breast.
You will potentially save a LOT of money (if you are going to be there a while) by them taking full financial responsibility for future roof repairs. Roofing work costs £1000s.

I wouldn't refuse these bits of works because they either won't affect you or will be to your advantage. If you do try to refuse you will ruin your neighbour relations and may end up in a legal battle if they remain determined. It's not at all worth it.

I agree with others that you should not allow change of flooring, and you have a much better chance of achieving this, and then not just doing it anyway, if you are being reasonable about the other things.

We've informally agreed that they will take responsibility for repairs to the roof because of the loft conversion

Get this formally agreed asap.

Last thing, they want to change the carpets to wood (this is a breach of the lease).

NO! Don't agree to this.

The reason this is in your lease is because you don't have concrete floors between you like most modern built blocks of flats.

Even if they quiet if they sell or have to rent out their property for any reason you are very likely to end up with people especially children who are very noisy, and it will be difficult for you to have any comeback against this.

Do not agree to the floor change. no soundproofing in the world will be as good as carpets/underlay. Otherwise definitely get your own solicitor

Not sure how joint freeholders insure (building insurance) their properties, but any changes would have to be notified to the insurance companies, overall rebuilt cost would go up, hence so will the insurance premium.

Also do the deeds show the roof space as belonging to the upper maisonette, usually they are listed as structure and common parts of a building, certainly in regard to leasehold.

A 3 flat (converted terrace house) property up the road from me is joint freehold (x3), they seem to have more issues with each other than some people in leasehold properties have - esp. where new works are concerned, and who owns what etc.

Who owns the loft space currently? Is it jointly owned? If so are they proposing to pay you for your share?

As someone with a loft conversion check what % flat roof you will have. As I also have a kitchen extension it makes a large % flat and alot of insurers won't touch it.

Do not do anything informally - you need legal advice and a party wall survey.