A growing issue is emerging across the UK as freeholders exploit loopholes to add extra storeys to occupied residential blocks without sufficient safeguards for leaseholders. The practice allows developers to maximise profit, but leaves residents exposed to potential hazards and uncertainty over their property's value.
Mauro Murgia, a North London leaseholder, has shared his distressing experience after planning permission was granted for extra storeys above his flat. Despite owning his property with the expectation of security, he discovered that the roof space could be monetised by the freeholder without his input or control. This scenario highlights a broader problem where leaseholders are vulnerable to exploitation once a freeholder pursues development opportunities.
The regulatory gap is stark: while planning permission may be granted in principle, crucial subsequent approvals often lag behind or go unaddressed. Murgia's case demonstrates the potential risks: despite planning permission being granted, there was no building regulations application, no building control approval, and no construction management plan detailing how residents would be safeguarded during the works.
The fragmented nature of regulatory oversight leaves leaseholders bearing the brunt of rooftop developments. Responsibility is spread across various bodies – including planning departments, building control, private approvers, the fire brigade, and the Health and Safety Executive – but no single entity takes overall responsibility for the impact on residents. Freeholders reap substantial benefits from these developments, while leaseholders are left to cope with associated risks and disruptions.
Pressure is mounting on the government to extend its ongoing leasehold reform efforts to address the lack of protection for residents facing rooftop developments. Without comprehensive reform, leaseholders will remain in a precarious position, with their homes and quality of life put at risk by decisions over which they have little say.