Can a Freeholder Develop My Roof Space?
Are you a leaseholder who has recently received a notification from the local council of a proposed development of new flats on your roof? If so, this guide is for you.
In this guide, we’ll explain what Permitted Development Rights (PDRs) are and how they apply to flat and roof space developments. We’ll also discuss when permission may be required for such projects, as well as provide some tips on how to handle negotiations with developers and ensure that everyone’s interests are taken into consideration.
By the end of this guide, you will have all the knowledge necessary to make an informed decision about any potential development project involving your property. We will also have answered one age-old question for you: can a freeholder develop my roof space?
Freeholder/Leaseholder Permitted Development Rights
Under current UK law, qualifying freeholders have the right to build certain types of extensions or on their roof space without obtaining prior approval from the local council.
These are called permitted development rights, and essentially allow local authorities to provide automatic planning permission for qualifying buildings to extend upwards, provided that certain conditions are met.
As relatively new laws that are aimed at reducing red tape, these rights have been granted to freeholders of residential homes to encourage the building of additional homes.
It’s important to note that permitted development laws often stipulate building qualification and other conditions, such as the building not exceeding a certain number of storeys, the building being of a certain or limiting the impact on neighbouring properties, so it is important to be aware of them if you think your freeholder may be in breach.
Where a building does qualify, the freeholder does not require planning permission, meaning there is often no planning consultation period and leaseholders do not have an opportunity to object.
This can be a major point of contention for some leaseholders, so it is important to be aware of the situation and what rights you have as a leaseholder.
Your rights as a leaseholder
As a leaseholder, your rights should be protected no matter what the development on your property is. You have several legal rights in this situation including:
- To be consulted and informed of any proposed developments.
- The right to object to the proposed works.
- The right to access information about the proposed development.
- The right to receive compensation for any significant inconvenience caused by the works.
Your freeholder also has a legal obligation to ensure that all necessary consents are obtained before beginning any work, and that all professional standards and regulations are met. It is important to communicate with your freeholder during the process, to ensure that you are kept up-to-date and have a say in any proposals.
Do the new permitted development rights apply to flats?
Yes, permitted development rights apply to standard residential flat blocks that meet certain criteria, but there are occasions where freeholders may still need planning permission to develop above the roof space of residential properties – more on this later.
Freeholders also still need to meet building regulations and safety regulations and standards in order for the rights to be applicable.
So, Can a Freeholder Develop My Roof Space?
The most important question to provide your answer here is who owns the roof space?
If the freeholder owns the roof space (i.e. it is not demised under anyone’s lease) and they have planning permission (if required), they will likely have the legal right to develop the roof space without needing permission from any of the leaseholders.
If the roof space is demised and your freeholder has planning permission, they will still need to discuss certain matters with leaseholders of that property, for example to gain access.
In some cases, the freeholder may have sold a lease over the roof space for development. If this is the case, it’s important to check land registry records and leases to confirm ownership and access rights.
Leaseholders have an additional right to purchase the freehold of the building. Having a third party – like the freehold experts at The Freehold Collective – bringing together all leaseholders to purchase the freehold would also prevent the freeholder from developing the roof space.
This is often a popular option for leaseholders that want to ensure their rights are protected and they have more control over the development of their property.
When a freeholder needs planning permission
In some cases, the freeholder may still have to obtain planning permission before they can begin building on your roof space. This usually applies when the proposed development would be in breach of local regulations or could adversely affect neighbouring properties.
It could be handy to check in with an expert to see whether your freeholder needs planning permission before they can begin any building works. In these cases, leaseholders may be able to negotiate changes or compensation for any resulting disruption.
What Can I Do If My Freeholder Wants To Develop My Roof Space–And I Don’t?
- Purchase your freehold
If the freeholder owns the roof space of the property and is set on developing it, you will need to purchase the freehold to take control of it. This will require the support of your other building leaseholders in order to be successful.
The most popular method of acquiring your freehold is to use a third party like The Freehold Collective. We can help you to pool the resources of all leaseholders in your building, form a collective enfranchisement and purchase the freehold, so that you can make decisions about developing or maintaining your roof space as a collective.
Contact us today if you’d like further advice on this!
- Object to Planning
Where a planning application has been made, organise objections to the local council from flat owners, neighbouring buildings and local residents’ groups. You must make relevant points (such as impact of the design, heritage concerns etc.) if you are to have a chance of success.
In some cases, it can be useful to get an expert opinion or lease review to ensure there is no breach of your rights under statutory protection. You can then proceed to make an objection to the planning application, bringing these issues to light.
Ultimately, if you believe your freeholder is developing without permission or in breach of any regulations, speak to a specialist or local authority who can advise on the best course of action for you and your fellow leaseholders.
- Contact the freeholder
Where a planning application has been made, organise objections to the local council from flat owners, neighbouring buildings and local residents’ groups. You must make relevant points (such as impact of the design, heritage concerns etc.) if you are to have a chance of success.
In some cases, it can be useful to get an expert lease review to ensure there is no breach of your rights under statutory protection. You can then proceed to make an objection to the planning application, bringing these issues to light.
Ultimately, if you believe your freeholder is breaking any permitted development rules, I.E. developing without any required permissions or in breach of any regulations, speak to a specialist or local planning authority who can advise on the best course of action for you and your fellow leaseholders.
Final Thoughts
At The Freehold Collective, our team can help guide you through the process of purchasing your freehold to give you collective control over the development of your roof space.
Whether you’re a ground floor flat that doesn’t want to lose their rooftop paradise, or a top-floor loft conversion that wants to keep the current set-up of the roof space, you don’t have to stay quiet on the matter.
If you have concerns with the ongoing development plans or planning regime for your building, don’t hesitate to reach out to us today. We can advise on the best course of action and help you protect your rights as a leaseholder – and take the power back from your current freeholder.
Use our free freehold purchase calculator today and get an instant estimate of the cost of acquiring your freehold.
Permitted Development Flats FAQs
How do the new permitted development rights apply to existing blocks?
Although the Town and Country Planning (General Permitted Development) (England) Order was implemented in 2015, the rights will still apply to an existing building used for flats, even if it was built before 2015. However, existing blocks will still have to meet the qualifying requirements and planning regulations for the rights to apply.
Can neighbours stop permitted development?
Yes, it is possible for you and your neighbours to stop permitted developments in some cases. The most popular way to stop permitted development is to collectively purchase your freehold and gain control of your building. This will allow you to make decisions as a group, including whether or not to permit any development work on the rooftop.
If this isn’t possible, you may be able to submit objections through the local council’s planning process – but this can be difficult without collective support from other leaseholders in the building.
