Neighbor Applying for planning permission on top of my kitchen

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    Neighbor Applying for planning permission on top of my kitchen

    Hi all - I'm looking for advice but I'm also in the process of talking to solicitors as well but wondered if maybe there was an obvious answer :/
    I own the ground floor flat and my neighbour above me wants to build a balcony on top of my kitchen. The roof is currently not fit for use, my neighbours saying that when she bought her flat it was advertised as having the roof as an outdoor space. But she found out that wasn't legally correct - so she's been mis-sold which is bad for her, iv attached a picture of my deed's - the blue bit is the roof above my kitchen - I'm just wondering if that would automatically mean the roof is mine and not part of her property. We share the freehold with 2 other leaseholders who have said they don't object to her having a balcony - which they wouldn't as it doesn't effect them. Appreciate this more than likely needs solicitors involved but my initial thought is she's probably applying to build on something that she doesn't own but maybe the bottom line is a solicitor needs to look at the deeds to work that out ?
    any thoughts appreciated!
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    #2
    Your neighbour firstly needs 'formal permission' from the 'Freeholder'.

    How is the freehold held, is it held jointly by the 4 individual named leaseholders, or is it by a limited company in which you all have shares?

    Not objecting is not the same as giving permission!

    In addition to Landlord approval full planning permission is also required needed as flats don't have any permitted development rights.

    Also full Building Regulation approval including structural drawings and probably structural calculations will be required.

    Your lease will state what is in your demise and what you are responsible for.

    If she does go ahead then all the leases will need amendment to demises and maintenance charge responsibilities, etc.

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      #3
      Hi - thanks for the reply - we all hold 25% of freehold - the other 2 freeholders don't care, but they rent their flats out. In the 1.5 years I've been here I've never met them. I know you cant object to planning permission based on devaluation, but after speaking to a surveyor and estate agents - they've all said they wouldn't recommend it due to overhang / privacy - which consequently they said effects the price. So I'm not directly objecting on devaluation - although I hope the planning people see it like that. Its getting a bit ugly as although I appreciate why she wants the balcony, it could effect me to the tune of 10k-20k, which doesn't seem to be registering - which I really don't get!
      I was going to say - if she gets planning permission i'm just going to have to take the hit aren't i?

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        #4
        Why do you think it would cost you £10 - £20 k

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          #5
          Well thats what being suggested as what ill lose in value on my flat with the balcony being built - depreciation as it will overhang my garden

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            #6
            It would be important to establish if the roof above your flat is demised by the lease or is part of the freehold.

            Permission will need to be given by the "Freeholder" and that requires all four people named on the register of title to agree to allow the development to take place.
            That is a completely separate matter to the grant of planning permission, as ownership of the roof is a matter of property law not planning law.

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              #7
              I don't think she would not get planning permission, as it would over look into your garden. If you make such objection during planning it may block her.

              Imagine, if they gave a barbeque in the summer, play late music and have people talking loudly screaming drunk until 1am and throwing beer cans into your garden. The issue is not about her, but even if she sell her place on, you have no control on who it is sold on to or if it rented to some yobs.

              As for being missold. That may be the case, but it is important to get everything checked out by the solicitor when buying.

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