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We were quoted in The Sunday Times newspaper about rooftop developments.
The article explained how the new permitted development right which means up to two new storeys of flats can be built on residential blocks, or commercial buildings, without full planning permission has created money out of thin air.
It reported that freeholders are now able to sell “building plots in the sky” for huge sums of money as they cash in on the planning laws designed to help ease the housing crisis.
We were asked to give an over view of the practical legal considerations for developers.
We told The Sunday Times: “I advise my clients who are developing their roof spaces not to ride roughshod over the rights of the leaseholders contained in their leases.
"Rows can be avoided by advance consultation between the freeholder and leaseholders as to the design and implementation of the build.
“There can be perks for the leaseholders; a new roof is the obvious one. Roof repair can be a major service charge liability for leaseholders so if the freeholder creates additional storeys then this effectively creates a new roof for the building, which is then likely to have a new build warranty.
“Another benefit is that most commercial leases require leaseholders to contribute towards the upkeep of the communal areas, which is recovered by way of service charge. With more flats in a block, individual leaseholders tend to pay less towards the service charge as the cost is spread more widely.”
Nicky Cleightonhills, our Head of Development, was interviewed by The Sunday Times newspaper.
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