building a summerhouse? Lease question.

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    building a summerhouse? Lease question.

    Hi everyone

    I am owning a share of freehold flat and in my lease it says
    "lessee shall not in respect of the garden ground included in the property erect any building thereon (save a greenhouse or gaden shed of usual proportions) but keep the same open and unobstructed and in a clean and tidy condition free from weeds and properly cultivated". My lawyer replied to me "With the summerhouse, you would not need building regulation consent provided that the structure is less than 15m2 and contains no sleeping accommodation. Regarding planning consent, this too would not be needed provided that you comply with the following requirements:
    · single storey with maximum eaves height of 2.5 metres and maximum overall height of four metres with a dual pitched roof or three metres for any other roof.
    · Maximum height of 2.5 metres in the case of a building, enclosure or container within two metres of a boundary of the curtilage of the dwellinghouse.
    · No verandas, balconies or raised platforms."

    But after reading the lease I am now confused with the wording if I am allowed to have a small summerhouse or it is restricted by the lease that issued by the share of freehold?
    Please help me out with it. This is my first flat and I am trying to get understanding in everything.

    Many thanks,

    There is a complication in that because you are in a block of flats the exemption from planning you have stated probably does not apply and legally you probably do require planning.

    So there are possible objections due to lease and planning.

    If the summerhouse is reasonably done, looks nice, fits well, and does not step on anyones toes it is highly likely you can build it and no one will bother to object.

    I think a small summerhouse is in effect a small shed, allowable under the lease. Usual proportions would seem to limit you from building a monster.


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