Can upstairs flat owners extend into their loft?

[ladybirdsarelovely33]

We own a ground floor flat and the first floor flat is owned by another couple. We both have a share of the freehold. Both flats are rented out. They now want to move in and extend into the loft. The also have said that they had to do some work on the roof and paid £400 for it. They emailed DH to see what we want to do.
Do you think they are angling for a response such as, " You pay the roofrepair cost and we will let you do what you want as long as you look after the roof?" The guy's mum is a property lawyer so she will know what she is doing!
I guess what I am wondering is what are our rights and is there any 'compensation' we can get for this, if any.
I don't have a problem with the loft extension, just want to come out of it fine.

What does your lease say about who owns the loft/attic space? If it’s joint they can only convert if the lease is changed and they pay for it, plus perhaps paying you.

Night Do all share of freehold properties have a lease? It was DH's flat before we got married and all he knows is that it is share of freehold! He thinks the lawyer has the documents from when we put my name on the flat.

Good point - I expect the freehold docs or land registry deeds will have some info?

You need to look on the lease.

We had 1st floor flat and owned the loft space but the freeholder owned the roof and all other external parts. So although we could have converted the inside of the loft and added a proper staircase etc, we couldn’t have put in any Velux windows or altered the roof structure without going through the freeholder.

I see you have a share of the freehold - is it just your 2 flats?

Is it just the two flats in the block (so like a big house converted)? Ours is and we have a "perppercorn rent" situation where we each own the freehold for the other property and no money exchanges as its equal. Upstairs are liable for the roof, ground floor liable for sewerage pipes on the land.

Our solicitor explained it all to us when we bought. What did your solicitors say when you bought?

Well if you own the freehold for upstairs they will need your permission to convert?

Check your lease! You may well be entitled to half the increased value of the upstairs flat.

DH has said that we are jointly liable for all works on the whole building. Does that mean they need to get permission from us to convert?

Interesting. Look at the lease or get your solicitor to review it. They may not be able to extend. If you are jointly liable then you might have to pay half for their conversion!!! ( Joke)
You might need an assessment of the impact on your flat- it might decrease the value of your property if the site is over developed. (Would that be a surveyor?)
I would ask for details of what work was done on the roof and ask why it was done without consultation. I would probaly pay 50% if it was reasonable thing to do.
Don't let them do what they want for the sake of £200 share of roof bill without checking the implications for you.

Normally they would have to buy the roof from the freeholder. As you are joint freeholder and I assume own the roof (check) they should be paying you some money to do a loft conversion! Very sneaky to disguise this with a roof repair. I think you should seek independent advice about the value of the roof and split that 50:50, so they pay you half.

It depends on the lease. We own a first floor flat and can make full use of the loft, but can't alter the roof. We plan to make a 'hobby room' which is making full use of the space, but isn't a conversion.

Ok. We dh has found a draft copy but think will have to contact the lawyer's office to get the full copy.

The devil will be in the detail here. Get legal advice before you agree to anything.

I had the same situation with my previous flat. There will be three documents - the freehold document which you are on jointly with upstairs, and then the lease for each flat, which states the terms of your lease for the flat you are leasing from yourself + upstairs. The leases will probably be 90% identical but may have slight variation e.g as the ground floor, I owned the entrance hall, but upstairs had a right of access.

It should state who is liable for roof repairs, and if you both are jointly, I'd pay the £200 to keep it entirely separate from any extension discussion, but put in writing that in future any joint costs need to be agreed in advance or you may not just be able to pay them.

With regards to the extension, check the leases, if it's not crystal, talk to a solicitor. As pp have said, even if you don't object, you need to make sure your interest in the freehold is entirely protected, they don't damage the roof space, devalue your asset etc. So probably a job for a solicitor anyway, unless you have the right to just say no.

That is good advice Maggie. I am going to speak to a lawyer.