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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3775
Experience:  Two years conveyancing experience.
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I am the leaseholder of a ground floor flat where terrace house

Customer Question

I am the leaseholder of a ground floor flat where terrace house has been divided up into 4 leasehold properties (also have share of freehold) and the back of the original property has been extended so that the basement flat has an extra room and therefore I have the flat roof/patio area of this extension. Do I have sole exclusive use & access of the flat roof/patio area? I am asking because the basement owner would like to have skylights put in - can they do that? What if I want to put in a planning application to extend the flat roof/patio area and cover it to give me extra covered space?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

As a leaseholder your lease will cover the demised premises for the term of the lease.

The demised premises will be an area etched in red on the lease plan that will accompany your lease.

If the roof space is attached to one of your rooms then it is not impossible that it forms part of the demised premises, however if it does not it will most likely belong to the freeholder. As there are no rights of light under English law, if you purchased the roof space and obtained planning consent to build on it, there would be no issue with this.

Normally demised premises covers everything that is not structural so that is why in theory your neighbors could put a sky light in. They would however need the permission of you or the freeholder depending on who actually owned the roof space.

Kind regards

AJ