Freeholder permission for loft conversion

[PiaC]

Hi, we live in a first floor maisonette and own a 50% share of freehold with the ground floor flat. We own everything above the joists according to the lease documents and this includes the loft. We would like to convert the loft into a bedroom and en-suite. I understand according to the lease we need permission from the other freeholder which i also understand to be a formality as we own the loft. Just wondering do we need to go through a solicitor or can we obtain this approval via email? Has anyone else been in a similar situation? any advise would be much appreciated.

Hi, our upstairs shared freeholder did this. Permission should be done through a solicitor as the lease will need to have a deed of variation added to it (and you will also need the deeds updated to show revised floorplan etc.)

@Beebletini

Hi, our upstairs shared freeholder did this. Permission should be done through a solicitor as the lease will need to have a deed of variation added to it (and you will also need the deeds updated to show revised floorplan etc.)

Thank you @Beebletini. I would assume the deed is amended after the works have been completed (i could be wrong)... but perhaps needs to be initiated before works commence? Just out of curiosity did they also have to get permission for other changes like flooring, refurbishing kitchen, etc from you? Our lease if very vague on this and i know that the downstairs flat has been fully refurbished recently but we were not asked to provide permission.

If you just went ahead without their permission what method of recourse could they have? I'm thinking very little as you would need to agree any kind of enforcement action yourself?!

You need PP for the loft, though.

we obviously would like to keep everything legal and also not damage our relationship :)
I guess I'm unsure what order everything is done in. PP first then discuss with downstairs or discuss with downstairs and the submit for PP?

Samosamo, they can of course go ahead and do the works regardless. But the flat will pretty much become unsaleable if they have done a loft conversion and not got the other freeholders permission to do so. Ask me how I know.

PiaC. Discuss with neighbour first absolutely. Then pp/party wall etc. I would recommend getting solicitor to draw it up first and not rely on an email. If you are in agreement it should not take long. My neighbour did none of that and 1. It destroyed any neighbourly relationship. 2. Bit him hard on the arse when he needed to sell.

Also, if the lease is not clear ask the solicitor to review at same time. You can have the restrictive covenants added/removed/amended at same time (provided you both agree on the changes) .

Generally, you wouldn't need permission for redecorating or eg replacing a kitchen. Taking down any walls (even non structural ones), and things like flooring (esp on 1st floor) are generally covered somewhere in the lease. I am assuming you are in a house conversion, split into 2 flats and do not have a management company. It's all great until someone violates the lease and then it's a pain in the arse

@Beebletini

Thx for your message. How does it become unsaleable?

I'm just wondering what someone would do if the other leaseholder in shared freehold was not reasonable or did not want the loft to be converted (for whatever reason?)

I actually made a kitchen diner out of a kitchen and lounge room and did not ask permission from the other share freeholder, for no reason other than I didn't think I had to. Am hoping my place is not unsaleable!!