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Loft conversions in flats: lease, planning and consent

Written by Miglani Builders LimitedLast updated

Illustration of a house roof with a new dormer window built into it

Converting the loft space above a flat is possible in some buildings, but the order of the steps is different from a house. Before any design or builder, the first questions are about who owns the roof space and whether you are allowed to use it.

Check these first

  • The lease. In many flats the roof and the space above the top flat belong to the freeholder, not to you. Check what your lease says is included in your flat.
  • Freeholder consent. Even if the space is yours, the lease usually requires the freeholder’s written consent (a licence for alterations) for structural work. Expect legal and surveyor fees.
  • Other leaseholders. Building work affects the whole block, so insurance, access, noise and the effect on neighbours need agreeing.

Planning permission is the normal route

The permitted development rights that let many houses convert a loft without a planning application do not apply to flats. A loft conversion in a flat therefore needs planning permission in nearly all cases. You can read how these rights work for houses in our guide to permitted development.

The practical points

  • Access. A staircase has to come from within your flat, which usually takes space on the floor below.
  • Fire safety. The escape route and the fire protection between flats are checked closely.
  • Party walls. Work to walls shared with neighbours may fall under the Party Wall etc. Act 1996.
  • Building Regulations. Approval is needed whatever the planning position.

See whether a loft conversion needs planning permission, party wall agreements and refurbishing a flat in London.

This guide is general information for homes in England and is not legal or planning advice. Rules can change and differ between properties and local authorities, so always confirm the position with your council or a qualified professional.

Ask us about your building and we will explain what is likely to apply.

Sources and further reading

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