Home  >  Leasehold Valuations  >  Loft Spaces – Do You Actually Own Yours?

Loft Spaces – Do You Actually Own Yours?

Tuesday, 10th January 2017
Leasehold Valuations | Surveying | Valuation

With space in London at a premium and house prices seemingly always rising, extending your property is seen as an attractive alternative to moving. Whilst there are always numerous costs and factors to consider when planning such work, owners of leasehold flats have an even more burdensome task in comparison to their freehold/house owning cousins. The is in relation to what you actually own.

Ask a sample pool of top floor flat owning leaseholders and I would estimate that perhaps 80% of them would say they own the loft space above their flat. Estate Agents often boast in their sales particulars that the property they are marketing comes with the benefit of the loft space and the vast majority of owners use the space as storage anyway. The bad news here is that in 99% of cases the leaseholder does not own the loft space, meaning that it is in fact owned by the freeholder of the building.

Of course the devil is always in the detail, and any prospective purchaser of such a flat should have their lease read thoroughly by an appropriately qualified solicitor. Unfortunately, many of the old style leases are poorly worded, but the status-quo appears to be that unless a lease very clearly and specifically states that the leaseholder’s demise extends to and includes the loft space, then it is very much demised to the freeholder. This principle has been tested a number of times at valuation tribunals and is a significant consideration in any Freehold Enfranchisement work. Cases that are available tend to support the above.

It is important to state that there are still the 1% of flats that do clearly own their loft space – the main, but relatively easy to overcome, obstacle in those situations is an application for a License to Alter. If in doubt, it is always going to be worth running your lease by your surveyor or solicitor, just to be sure.

In most instances Peter Barry Surveyors will be able to advise you where the weight of evidence lies so please do not hesitate to contact us by email or call us on 020 7183 2578.

Back to latest blog posts
tony besgrove
Our surveyor, James, arrived at the house at the appointed time and was most helpful in explaining the details of the party wall agreement. He later sent the completed document as promised. Most efficient and friendly service throughout.
Claudette “CeeBee” Bradshaw
Rachel Fay
I was put at ease by the professional way In which this survey was conducted I highly recommend Peter Barry All aspects were considered my home Was examined for any potential problems That may be caused by the works being Carried out by the neighbouring property . Photos were skilfully recorded and a Drone was used to take pictures of the roof . Peter Barry Surveyor truly did a fantastic Job acting in a professional manner at all Times . And showing respect for my home And security and I can only prise them , Many Thanks Rachel
Response from the owner:Thank you, Rachel, for your lovely review. We’re really pleased to hear the survey put you at ease and that the team’s thorough approach — including the detailed photos and drone imagery — helped you feel fully protected. Your kind words about the surveyor’s professionalism and respect for your home mean a great deal.
Neyet M
I was a neighbour of someone who wanted to do some changes to their dormer into a full loft conversion. The surveyor sent to review our shared walls was very young professional and helped answer all my questions and concerns. The emails from the firm were very formal, else and they were very reachable by telephone. I didn’t pay as my neighbour was carrying out the works so I can’t comment there. I would consider using this firm for further works personally
Response from the owner:Thank you for sharing your experience. We’re really pleased to hear how well the surveyor supported you throughout your neighbour’s loft‑conversion process.
Jack Reynolds-Clark
Very responsive and proactive. Would highly recommend
Response from the owner:Thank you, we appreciate your recommendation.
soe tjen marching
Great surveyor. Professional and very good service for our party wall matter. Thank you.
Response from the owner:Thank you for your review. We’re really pleased to hear you received such professional service and that everything went smoothly with your party wall matter.
Call Now Button