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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I live in a block of twelve owner occupied flats. We own the

Customer Question

I live in a block of twelve owner occupied flats. We own the freehold and are thus all one twelth share holders of the Residents Association Ltd. of which I am a Director. One of the ground floor flats has deep foundations and the owner is planning to convert the space under his flat into further living accomodation with an external door for access. This would require him taking down supporting pillars and installing RSGs, water drainage etc. He is trying to convince the other flat owners that he can do this work, but we do not want this to happen. Even if aquires planning permission is it true fact that he cannot proceed without written permission of the Freeholder i.e. The Company? The foundations of each ground floor flat belongs to the owner of that flat but all other flats contribute to the repair and upkeep in proper proportion of those foundations.
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

How far has he got with his plans. Has he got architect's drawings yet and what is the attitude of the others in the building? Are you all leaseholders with a company owning the freehold or is theer some other arrangement?

Customer:

He has some outline plans for the work but they have not been submitted to the local planning Authority at this stage. Yes, we are all lease holders, who bought the freehold many years ago and formed a company: 'Walton Court Residents Association Ltd' (The Freeholder) of which we are all one twelth shareholders being twelve flats in total.We are self managing

Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Each of you flat owners wear two different hats, one as a leaseholder and the other as a share of freeholder.

The leaseholder requires the permission of the freeholder to carry out any building or other works to their property, so yes, the Company's permission will be required even if planning permission is given.

If majority of the people having a share of the freehold refuse, then the person cannot continue with the proposed works.

You should check your lease document to see exactly what restrictions are applicable.

Hope this helps
Customer: replied 2 years ago.


The Lease states that the demise of the groundfloor flats includes the foundations of that flat subject to the owners of the other flats contributing in proper proportion to the repair/maintenance of those foundations.

 

No alterations to be made to any part of the main building without consent of the Company.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you. My advise still stands.

No works can be done without the Company's consent.

Hope this answers your question.
Customer: replied 2 years ago.

Thats ok, thank you for your advice. It is what I expected and was hoping for!


Regards


Ann

Expert:  UKSolicitorJA replied 2 years ago.
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