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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1722
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have a leasehold flat, with no flats above, one flat below

Customer Question

I have a leasehold flat, with no flats above, one flat below and a shop below that. The freehold is owned by the shop owner. Am I able to build an additional floor on top of my flat? Would any potential capital appreciation have to go to the freeholder and/or owner of the flat below?
The other question is - Would the freeholder be able to build on top of my flat without my permission? Thanks.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  wingrovebuyer replied 1 year ago.

Hello - your lease will contain the answers, but generally speaking it won't include the roof. This means it is highly unlikely you can build an additional floor on top because that space is not within your lease. You would need to get the freeholder's consent and extend the lease to include the roofspace / new floor space. The lease will also likely prohibit significant building works without consent too. The freeholder may give consent, but I suspect he'd want a payment which is likely to be linked to the increased value of your flat. In terms of what the freeholder can do, again, the lease will determine his powers, but generally speaking landlords do have the ability to add floors if they want, but he might need your permission if this involved needing to change the extent of your lease or if it involved causing a material nuisance to you during building works. Again, you could charge him for your consent. Best, WB

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