Dividing a room into 2-The legalities

[Shakespeare]

Can anybody advise please?

I have a large lounge in my 1 bed freehold flat that I'm thinking of dividing to create a 2nd bedroom. What are the legal/conveyancing implications of this-who do I need to notify or get permission from?

[Richard Webster]

First of all is the flat in England/Wales. If not, please ignore rest of this post.

Secondly is it really a freehold flat?

Might it be that it is share of freehold where you and others jointly own the freehold either directly or through a company that you collectively own?

If it is share of freehold then it is a matter of reading your lease to see whether consent is required for alterations form the landlord. If it is then you will have to ask the other freeholders to confirm in writing that they agree to the works.

Another possibility is that you own the freehold of the whole building but the rest of it is subject to leases. If that is the case you will need to look at the leases of the other flats to make sure that the landlord has not entered into any covenants preventing alterations to his flat (this is possible but not very likely).

If it is a genuinely freehold flat where there are other freehold flats with separate titles then you will still have to check that there are no covenants preventing alterations without the consent of some third party. Also you need to consider why you bought the flat if it was freehold. Did your solicitor advise you of the problems with such flats and the difficulties of obtaining a mortgage on them?

[Shakespeare]

Thanks for this. Yes it is in England.

It is a house converted into two flats of which I own a 50% share of the freehold with my downstairs neighbour. There are no leases but as you suggest there is a "deed of covenant" that I have not looked at since I bought the place.
I will of course dig the covenant out, but do you think this likely to restrict me, and will I need to ask my neighbour's permission?

I knew of the difficulties but really liked the property and managed to get a mortgage without too much hassle. I'm hoping it doesn't make selling it too difficult...