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The only way is up –
who owns the roof space?
For a property investor looking to
maximise the value of an investment
flat, the temptation is always to think
about ways in which to increase its
useable area. An obvious candidate
is often the roof space above a top
floor flat – particularly in a converted
property. However, there are some
points to watch out for:
Who owns the roof space?
The starting point has to be the lease.
Leases are all different and there is no
set format or convention. However,
quite often areas like the roof space
are excluded from the tenant’s ‘demise’
(the parts of the property that belong
to them under the lease).
In a lot of leases, the roof and
foundations and other common
parts are part of a general repairing
responsibility that is covered by a
service charge. These areas also tend to
belong to the landlord and not to the
individual flat owners.
However, there are some types of
lease (particularly in what might be
termed ‘maisonette’ type properties
where there are typically 2 or 3 flats)
under which each property repairs its
own ‘slice’ of the property. In these
properties the demise clause often
states that the tenant owns ‘all that top
floor flat.’ In cases like this it may well
be that the roof space (along with the
exterior of the roof) is demised to the
tenant of the top floor flat. If so, then
in terms of ownership the hurdle has
probably been crossed. However, it is
important to realise that the lease must
be read as a whole and you should take
specialist advice before embarking on
any major plans.
For instance, just because you are
responsible for the repair of an item
under the terms of your lease does not
necessarily mean that you own it. If
you do not own the area in question,
it will probably have to be purchased
from the freeholder. If this happens
then specialist valuation advice may be
needed to assist in the negotiations.
Can I develop? And if so, what else do
I need to think about?
Alterations in leasehold properties are
a separate topic in themselves, but it is
essential to be aware that even if you
own the area in question, that this does
not mean that you can necessarily alter
it as you see fit.
Whether you can do the work or not
depends on what the lease says.
If there is an absolute prohibition on
works then a variation will need to be
purchased to do the work. However,
if the lease says that alterations are
possible with the landlord’s consent
then it may well be possible to carry
out the work provided a