Who Owns The Loft Space In A Modern Block Of Flats?

[Southsider]

I live in London in a block of flats built in 1986. I have owned my flat since new, choosing it on the top -second- floor for more privacy. Jointly the leaseholders purchase the freehold some years ago.
Now some residents opinion ground and first floors have expressed an interest in flooring the loft space for storage. Access to the loft at my end of the building is immediately above the threshold to my flat. Previously I have been disturbed by some residents who have stored items there, I have been able to hear their every movement, and so I imagine they could hear mine. It was very inhibiting. I feel my privacy would be compromised if this plan comes to fruition. Also, having a ladder descending right in front of my front door hardly appeals.
What is my position? Do I have any legal rights to protect me from noise and loss of privacy in this case?

[Zacs-Master]

Was this not covered in your freehold joint agreement?

[Southsider]

ZM: not so far as I am aware.

However, even if it is jointly owned, which I am assuming it is, the thing that worries me is noise and loss of privacy.

[ladybirder]

I'm thinking there could be some H&S issues as the ladder when in use would block your escape route in the event of a fire. Is that right?

[Zacs-Master]

I presume the freeholders have some kind of committee. Has this not been discussed? Who has responsibility for the fire compliance?

[ladybirder]

So it wouldn't be allowed by H&S I meant to add.
You have my sympathy, I would hate it as well.

[Hopkirk]

How about arguing that the loft space should be properly insulated with thick glass fibre matting, so storage up there isn't possible.

[ladybirder]

I suppose the answer to your actual question is you all own the space equally.

[cassa333]

I would check deeds and contracts again.

Often the top floor flat owns the loft space above their flat.

I couldn't tell If the access to the loft space is in your flat or just outside but if it is inside then it could well be yours.

[Southsider]

Ladybirder: that is an interesting point. It would also block my comings and goings whether a fire was on progress or not! Of course the entrance could be moved...

ZM the secretary of the committee is the person pushing for this

Hopkirk we have good insulation for warmth, but I think you can still lay boards above it if they are suspended.

I do not think the top floor flats own the space. To me, this is a question of respecting that this issue affects those who over n the top floor most, that we stand to be annoyed by noise and increased traffic, that will be intrusive. But if it comes to a vote and all those who live on lowere floors are in favour, those most affected will be outvoted, which seems extraordinarily unfair.

[Zacs-Master]

My first port of call in lining up a,defence would be to contact your local Fire Officer (the council's Building Regs dept should be able to help if you can't find their number). They will be able to advise what measures need to be taken to make the loft space suitable for storage. This could involve fire rated doors / emergency lighting and fire detection which could all run into thousands of pounds. The FO will be happy to give this advice - it's their job!

[ladybirder]

Possibly/probably devalue your property as well. You may not have even bought the flat had a storage area right above your head and entrance to it right outside your door been on the cards at the time of purchase. ZM and are thinking alike, get straight on to the relevant authorities. Hopefully your fellow freeholders will understand what a massive inconvenience and more, this would mean to your enjoyment of your flat. Keep us posted please.

[cassa333]

If the freeholder still owns the communal spaces and loft I would look to ensure there are no plans to build up.

By retaining the loft and roof they have an opportunity to do whatever they like.

[BRIGHT SPARK]

Loft structures are generally designed to hold up the roof and provide support for the ceilings below.Unless it was originally over-engineered the loft wont be designed to hold additional weight without additional updating to trusses etc.