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Thanks dude. I'm not sure if it's a deal breaker, but I have let my buyers know. I'm also not sure what Class MA is but no, I don't think so. Robert Jenrick did put through some legislation last year to allow freeholders to build on top of existing buildings without having to obtain planning permission first:
But something doesn't smell right about that because my freeholder HAS in fact submitted a planning request. I wonder if we're exempt from this legislation - given what I know about the nature of this freeholder they're unlikely to do this if they didn't have to. If the advice you received (that they need consent from leaseholders) holds here then we've got no problem - fingers crossed. We'll get some legal advice this week. It's just so exhausting with these people.
ReekBlefs-
There's a block of flats near me going through planning permission for this (two storeys was turned down so they've come back with a new application for one storey).
There's restrictions on when the block was built as to whether it can be permitted development. I think it needs to have been built after 1950 or so to not require planning (there are various other criteria too).
I'd guess the specific leaseholder position will probably depend on what's in the lease. The leaseholders in the block near me haven't been consulted at all so far.
aggi
so sorry to that. Is that due to class MA?
I heard about class MA recently in the context of the flat I am hoping to buy (2 pics attached, one down the road which looks to have done it). I then asked my solicitor if they could build (I think up to 2 storeys) on top and they said:
Is it definitely a deal breaker? Can't the leaseholders say no PDQ for you?