Does conservatory in a share of freehold property require a licence to alter/consent

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    Does conservatory in a share of freehold property require a licence to alter/consent

    Hi
    Our upstairs co-freeholder is currently refusing to give consent for us to undertake a rear extension to our ground floor flat. We are following a legal process to try and obtain a licence to alter, but anticipate things will go all the way to court, which could prove prohibitively costly for us.
    We have tried selling the flat, but every prospective buyer wants to extend and the neighbour is refusing to entertain any sort of extension.

    As an alternative, we are thinking about constructing a conservatory. Our hope is that a conservatory will not require the same level of consent from the co-freeholder as it is my understanding that a conservatory does not alter the fabric of the building (we won't be removing any walls, adding any openings etc.).

    Can anyone confirm whether a conservatory would be a viable alternative to creating additional space, i.e. that we wouldn't need the same level of consent from the co-freeholder?

    Any advice gratefully received.

    Many thanks
    G

    P.S. before anyone says can we not talk to our neighbour and come to some sort of arrangement, the answer is we have tried for a very long time and have gotten absolutely nowhere.

    #2
    Share of freehold makes no difference.

    There are no permitted development rights for flats, so you will need full planning permission.

    Is the garden area part of the demise of your flat? If not, the freeholder can charge you a premium for changing the lease.

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      #3
      The garden is demised to us.
      It's not the planning permission that is my concern but rather the consent from the co-freeholder. Would we need her consent, as we do with a full on extension, for a conservatory which does not alter the fabric of the building?

      Thank

      Comment

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