The Flat I want to purchase has a Balcony, but it’s not included on the Lease Drawings. Should I have these Formally included in the Lease?

by The Chartered Surveyor

Question

The flat I want to buy has a balcony, but it’s not included on the lease drawings, the only access is through the flat and the present owners have never had a problem with its use.

We have asked them to approach the Landlord and get this changed, they have told us that the Landlord has no problem to change the lease but they haven’t had this done as then they would have to pay for maintenance and repair. Should I just do the same and leave it as is, or do you think it necessary to have the balcony included in the lease.

As I said there is no access to the balcony apart from the flat.

Answer

I think for peace of mind I would prefer to have the balcony formally included in the lease. I doubt that there is anything sinister behind the current owners not asking; they probably just want to sell the flat without the hassle of the legal process involved in amending the lease.