Legal Q&A: can we extend into our loft if no one is using it?

Question: We own and live in a top-floor flat.

We are the only people with access to the loft space, which we would like to use for storage now but maybe convert into an extra bedroom one day.

How likely are we to be allowed to do this?

Answer: Check your lease carefully.

Although the loft area is not part of the demised premises — ie not part of your flat — the terms of your lease may allow you to use it for storage purposes only.

If no such right exists, you could request the freeholder's consent to use the loft in this way.

As the loft space is not part of your flat it will be part of the freehold. If you wish to convert it into living accommodation you would have to purchase a leasehold interest in it from the freeholder.

It would be up to the freeholder entirely whether to grant you a lease of the loft space and the price would be a matter of negotiation between you and them. Do expect to pay the freeholder's surveyor's and legal fees.

The freeholder's prior written consent is likely to be needed for the future conversion. The procedure for obtaining such consent should be set out in the terms of your lease.