How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Type Your Law Question Here...
Aston Lawyer is online now

I am the owner of a ground floor flat. There are 2 flats

This answer was rated:

I am the owner of a ground floor flat. There are 2 flats above. We share the freehold. The owner of the top flat wants to extend into the roof, create a roof terrace and a new flat. Does she need the permission of other 2 flat owners.What our our rights in this situation?


Thanks for your enquiry.

The top Flat owner only has the right to occupy the area comprised within their Lease. On the basis that their Lease does not include the roof space, then she does need to obtain the consent of all the Freeholders before extending. Indeed, as Freeholders, all of you are entitled to a sum if any Leaseholder wishes to extend the area of land comprised in the appropriate Lease.

So, IF you were to consent, you would be entitled to charge her 2/3 of the market value of the new Flat and in turn, she would need to obtain a new Lease to include this additional land.

You would need to speak to a specialist Surveyor on this subject if matters do proceed.

I hope this assists and answers your question.

Kind Regards


Aston Lawyer and 2 other Law Specialists are ready to help you