Upward urban development has been given a shot in the arm with the introduction of permanent permitted development rights for rooftop development.

However, there are multiple legal issues which must be considered in addition to the commercial and structural constraints, most notably the Rights of First Refusal under the Landlord and Tenant Act 1987, whether the terms of existing leases of the building conflict in any way with the redevelopment proposal, such as existing rights to use the roof space or the existence of telecommunications masts which may need to be removed or relocated.

We have extensive experience in advising on these issues and to future proof a new lease to ensure that adequate rights are reserved should a freeholder wish to undertake further development.