Developers want to build on top of my flat and there’s nothing I can do to stop it | Letter

Leaseholders in a north London block face a rooftop development they say they are powerless to stop, after planning permission was granted for additional storeys while key safety and construction approvals remain absent. Mauro Murgia, a leaseholder in the building, said residents bought their flats believing they had security, only to discover the roof could be treated as a development opportunity over which they had virtually no control [1]. Planning permission has been granted in principle, yet the local council has confirmed there is still no building regulations application, no building control approval, and no construction management plan setting out how residents would be protected during the works [1]. "Leaseholders are expected to live with the consequences – noise, dust, loss of amenities, uncertainty over property value and saleability, and concerns about safety during major works – while responsibility is fragmented between planning, building control, private approvers, the fire brigade and the Health and Safety Executive," Murgia said [1]. The case highlights a structural imbalance in England's leasehold system. The freeholder captures the uplift in value from adding floors, while leaseholders below bear the disruption and risk [1]. Murgia argued that no single authority takes responsibility for the overall impact on residents who must continue living in the building throughout the works [1]. The government has previously signalled intentions to reform leasehold law, including banning new leasehold houses and capping ground rents. However, the position of existing leaseholders facing rooftop development on occupied blocks remains largely unaddressed in current legislative proposals. Murgia called on policymakers to close what he described as a major gap in the system, stating that if the government is serious about reform, it must also protect residents facing rooftop construction on occupied buildings [1]. The situation in north London is not an isolated one. Across England, leaseholders have reported similar disputes where freeholders exploit airspace rights to build upwards, often without adequate safeguards for those living below. The fragmented regulatory oversight Murgia described — split between local authority planning, building control, private approved inspectors, fire services, and the Health and Safety Executive — means no single body is accountable for the cumulative effect on residents during construction [1].