Loft conversions in leasehold flats
Guidance for leaseholders
www.amicushorizon.org.uk
Loft conversions in leasehold flats
– Guidance for leaseholders
If you’re thinking of expanding your flat
with a loft conversion you’ll need to get
consent from us before you start the work.
As a leaseholder you’ll need to obtain all the
legal rights and consents you need from the
freeholder (AmicusHorizon or other) before
embarking on the expensive process of
conversion.
If we’re able to give you provisional approval to
purchase the loft space you’ll then need to:
„„ Get a RICS (Royal Institute to Charted
Surveyors) valuation. This will set the
purchase price.
„„ Get revised lease plans drawn up
Things to consider:
„„ Instruct a solicitor to undertake the sale.
You’ll need to pay for our legal costs too
1. You probably don’t own the loft.
„„ Get your mortgage lenders consent.
Most leases don’t include the loft space in the
‘demise’ of the lease. This means you don’t
own it or have any rights to use it.
Once you’ve purchased the loft space you’ll
still need to get consent to develop from the
freeholder (AmciusHorizon) and the planning
department of your local authority.
Even if you use the loft space for storage, you
may not have a right to do so under the lease
terms. A right to use the loft for storage does
not necessarily mean you own this area, even
if you’re the only resident with who physical
access to the space.
2. You do not own the airspace
around the roof space
Even if you own the loft space you don’t own
the area outside the structure of the building.
This may be okay if you only require velux style
windows for the conversion. If you want to
build out e.g. by installing dormer windows or a
balcony structure you’ll need to own this space
also.
If you don’t own the loft space and want to
extend, you’d need to make a request to
buy the loft space. You’ll need to approach
AmicusHorizon to see if it’s possible. We’d
only consider selling the loft space if yours
is the only top floor flat and there aren’t any
communal services in the loft space.
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For information contact the Home Ownership Team:
Tel: 0800 121 60 60
Email: [email protected]
3. You will need the Landlord’s
consent for the required structural
changes.
5. You will need to consider the
repair obligations for the building in
particular concerning the roof
Your lease restricts changes to your flat, so
you’ll need consent for structural changes.
We’ll grant this as long as the extension:
The roof will be maintained at a communal
cost. The changes you want to make may
increase the cost of repairs. If you’re given
consent for a conversion we’ll need to consider
what repair responsibility for the roof you’ll
need to take. Each matter can turn on its own
circumstances.
„„ Is in keeping with building
„„ Will not impact negatively on your
neighbours
„„ The work has planning permission, is in line
with building regulations and the council will
oversee the works.
In addition, you’re changing the floor area
of your flat (potentially doubling it) so we
may need to alter your service charges. For
example, if you’ve doubled the space you’re
heating, its not fair for your neighbours to incur
increased costs. If we do need to change your
service charges it may involve you paying for
Deeds of Variation to your neighbours’ leases.
AmicusHorizon must also have to be the
freeholder. If we only have a head lease we’re
unable to give consent.
Checklist for extending into the loft:
„„ Will not have an adverse affect on the
remainder of the building
„„ Will not require extensive changes to pipes
and wires running though the building
;; Check if you own the loft. You can do this
by looking at your lease plan
4. We’re unable to grant permission
if the work would interfere with other
services in the building
;; Approach your Home Ownership Officer
about purchasing the loft space and/or ask
for consent for the conversion
There may be services or other communal
systems e.g. water tanks in the loft space. If
this is the case we’re unable to give consent for
a loft extension.
;; Speak to your lender to seek their
permission and the funds (if necessary)
;; Apply for planning permission to your local
authority
You may need to erect scaffolding to enable the
work to be carried out. We can grant consent
for this if it can be done without interfering with
your neighbours’ rights to use the building.
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;; Speak to your local council’s building
control team about monitoring the work.
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For information contact the Home Ownership Team:
Tel: 0800 121 60 60
Email: [email protected]
www.amicushorizon.org.uk
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For information contact the Home Ownership Team:
Tel: 0800 121 60 60
Email: [email protected]