Retrospective licence to alter

  • Filter
  • Time
  • Show
Clear All
new posts

    Retrospective licence to alter

    Hello - please can anyone help!!

    Me and my wife did a single storey rear extension, completed in June and we put the house up for sale. We have a buyer and are due to complete next week.

    The problem is our top floor neighbour - I own 50% of the freehold and she ons the other 50%. She didn't want the extension to go ahead and after paying for both our party wall surveyors we got the go ahead. It was all signed off and we thought the issue finished.

    Now the buyers solictor is asking fr a retrospective licence to alter which we didn't know anything about. Our neighbour is now demanding 'financial settlement' if we want to sell the house. Neither of us knew about this licence and she has only found out once the buyer's solictor has asked for it and now she is trying to blackmail us to get some money.

    Surely the Party Wall Surveyors sould have informed us of this? Can she in fact demand money from us in order to sell our house? If we do hve to financially settle (and by signing the party wall act surely this was implicit agreement on her part) are he party wall surveyors culpable for tis as we feel we should have been informed about this?


    You refer to "house" but surely you mean "flat" because you refer to "our top floor neighbour".

    Party wall issues and freehold/leasehold issues are entirely separate. You presumably have a lease of your flat and it may well say that you need the freeholder's consent for alterations. She is part of the freeholder and if she doesn't consent you haven't got the freeholder's consent.

    In any event your buyers could be put off by the mere fact of her unreasonableness.

    If you co-own the freehold with this person presumably your buyer will want to replace you as a co-owner on the freehold title. How are you going to get the neighbour to sign the TR1 to accomplish this? Unfortunately whilst there can be advantages in "shared freeholds" if all parties get on, if they don't they can be a nightmare.

    As Leaseholdanswers frequently points out, the use of the term can be confusing because people tend to forget that they have leases.

    As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.


    Latest Activity


    • Development permission over shared access
      by Davidwd
      I have an unusual situation, I live in a property in a private cut de sac of 5 properties. Property No.1 owns the substrate of the driveway and the other 4 properties own the surface and have right of way over the driveway. Property No.1 wants to build another house on their land and use the driveway...
      29-03-2020, 16:56 PM
    • Reply to Development permission over shared access
      by royw
      If they have right of access over the road then yes they can, a house built in the garden also has that right.
      29-03-2020, 21:35 PM
    • Reply to Development permission over shared access
      by pilman
      Depends if the property at No.1 has a right of way granted over the private road.

      It would imply that No.1 owned the road but transferred the surface to the other four owners who have responsibility for the maintenance of the surface.

      Any decent solicitor would have included...
      29-03-2020, 17:41 PM
    • Chimney pot gas compliance
      by Perfectgame
      Out home is a Leasehold ‘house’ jutting out from a refurbished Grade2* building comprising 55 apartments. Ours is the only one with gas supply to the C19th chimney. We had a gas fire recently installed, but the chimney pot did not comply with the gas fire. According to the freeholder the existing...
      23-03-2020, 15:11 PM
    • Reply to Chimney pot gas compliance
      by AndrewDod
      Is this the first gas fire in this spot -- why does it have a gas supply?
      If you plan to make some amendment to your flat why do you feel other lessees should pay the cost?

      In this whole thread I think we need to be careful of words -- "responsibility" versus "rights"...
      23-03-2020, 17:49 PM
    • Reply to Chimney pot gas compliance
      by JK0
      I wouldn't argue IIWY. Plenty of freeholders not only charge lessees for doing the job, but bung on hundreds in fees also. Sounds like you have consent to do it yourself, doesn't it?
      23-03-2020, 15:48 PM
    • Reply to Chimney pot gas compliance
      by Interlaken
      What does it say in your lease about walls, roofs and structures outside the confines of your 'house' - that is where the answer lies. Ask the Freeholder to explain why he thinks it is not his responsibility. Usually it is the freeholder's responsibility.
      23-03-2020, 15:31 PM
    • Reply to Question on Community Infrastructure Levy (CIL)
      by Interlaken
      CIL payments depend on which local authority you are in. In my area of work and having a Neighbourhood Plan in place 25% of CIL did go to the plan area for use in the community but suddenly our new Unitary Authority banned this so CIL goes into one big pot to be bid for. This does not please me and...
      23-03-2020, 09:34 AM
    • Question on Community Infrastructure Levy (CIL)
      by Clulass
      I realise its not the best time to consider a development project given that the world is about to shut down and maybe end, but it helps distract me, from our impending doom.

      So to my question:

      Am I right in thinking that there is no CIL payable.....IF.... you are converting...
      14-03-2020, 21:29 PM
    • Reply to 1 bed to 2 bed conversion
      by leaseholder64
      I think there may already have been an unsafe modification, in that the kitchen door seems to have been removed. I'd expect that to be a fire door.

      If this is on the 27th floor, I'd say you were definitely creating an unsafe inner room, as the escape root passes through two high risk ...
      18-03-2020, 10:13 AM