Share of freehold maisonette

[Andy198900]

I have recently purchased a 2 bed first floor maisonette that was Advertised as 2 bed with loft room. The Maisonette is a share of freehold between 6 and it seems like the loft room is classed as a loft conversion but I’m not sure if the previous owners had any right to do so. I do remember in the information given from previous owner that they had said that there had been no loft conversion on the property and I assumed that the room wasn’t classed as one because of that but I am now worried that it is and it’s not allowed to be there. I just want to know :
-if it is classed as a loft conversion
-if It’s allowed to be there
-what could happen if it’s not allowed

Any advise would be much appreciated

Hi OP. You need to refer to your lease as to whether the loft is solely yours. Is the loft only accessible from your flat?

You may be looking at the wrong issue, or you may have two issues. You can convert a loft into what looks like a room, but if you don't do certain things like strengthen the floor it isn't classed as a habitable room, but nothing stops you using it as a study or a dumping ground. If that's the case it can't be marketed as three beds. I'd check this angle out too if you haven't already.

The leasehold says “ the lessor hereby demises unto the lessee all that first floor flat together with staircase leading thereto annexed Herero and edged red and the roof of the building so far as the same constitutes the roof of the flat”

i can’t quite understand if I do own it but your advice would be greatly appreciated

Hi there it looks as though the rafters have been cut back to open the room and 9x2 joists run alongside existing but don’t reach either end of the loft but looks as if tits sitting on 2 supporting walls if that helps

I do have the intention of eventually adding a staircase and making it a third bedroom but I don’t want it being brought up as an issue when asking for permission for loft conversion and causing problems

thankyou for the advice

Surely your conveyancing solicitor would have looked into this ?!

I mean nothing was mentioned about it through the whole process so that’s another reason why I never questioned it

How can you have purchased this without knowing these important details?
You may find you won't have permission to carry out your planned works.
Are you share of freehold by guarantee or share certificate?

I’m not sure I just understand that we all own one sixth of the freehold through a management company where we are all directors how can I find out

It isn't classed as a loft conversion as it's not a habitable room. I don't see why you wouldn't be able to get permission to convert it, but you'd almost certainly be starting from scratch. You'd need permission from the other freeholders too I think. If you didn't get permission I'm pretty sure you can do what you like with it, but it won't be classed as a bedroom if/when you sell it.

OP, that part of the lease doesn't refer to the loft necessarily (obviously don't know what is circled in red on your plans).

I asked whether the other leaseholders had access to the loft as, if they don't, then you can realistically crack on and no one will know.

If you want to do it all above board and be able to claim it as an extra room then you will need to establish who owns the loft and, if shared, you'll need to arrange to 'purchase' it from the other freeholders. The good news is that should be considerably less expensive than through a sole freeholder (where they calculate additional value of your property post conversion and charge you a %)

This was my experience in the past but all starts with what the lease says - the above is just a guide of the usual process but leases are odd and can vary.

Hi thanks for the replies, the outline of the building in red is the size of the roof about my maisonette but I was pretty much 50/50 on who owns it because of the wording in the lease. I think I may ask my solicitor to read over it to see if they can make out if I really own it and if not how to approach buying it if it’s not too expensive. My worry is if I was to ask permission for making it another room amd adding a window etc if I was to be denied and they didn’t like what had already been done up there and say it was wrongfully done ,then say to me to change it back and then I’d obviously have to pay for that and be left with less room. But I do want to add a staircase and would like to have the extra room.

I also have only acces to the loft as the loft hatch is in my flat