Wires & Flue on External Walls of LH Flat

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    Wires & Flue on External Walls of LH Flat

    Hi All,

    Property is a first-floor LH flat above shops, end of parade on a corner.

    Lease is self-repairing and indicates that external walls are included.

    I have a large flue running up the side of the property to just above the start of the roof which is attached to my external wall by brackets.
    I also have a phone junction box roughly the size of a shoe box, from which many wires shoot off in several directions to nearby properties.
    There are no written agreements regarding either and I have never consented to the flue.

    I am planning on doing works and would like to replace the flue and tidy/remove the unsightly wiring.
    Am I able to?
    Please note i am extremely reluctant to trouble the freeholder with anything at all.

    Thanks as always,
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    #2
    I can be sure the shoebox is a BT junction - touch at your peril. BT have superior rights over everything including the air space so don't say you have not been warned. Leave well alone. They are horrible people to deal with and it will cost you £££'s.

    What does flue ventilate? Is it a takeaway or restaurant? If so the flue probably has planning consent.



    Freedom at the point of zero............

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      #3
      Hi Interlaken,
      Thanks for the advice.
      The flue ventilates a restaurant/takeaway and gdoes have planning permission (I believe) but shouldnt there be an agreement with my flat as well to have it bracketed on to the external wall?

      Comment


        #4
        What came 1st - you or the flue? I take it your flat is leasehold? The freeholder I would expect to have given consent for the flue as he owns the bricks and mortar.

        Why would you want to spend money someones flue? If you interfere with their property then I can see friction occurring.



        Freedom at the point of zero............

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          #5
          The flue did come first and I'm sure the freeholder consented to it.

          I was curious to know whether the owner of the leasehold flat would also have to consent particularly as the external walls are mentioned as included in the lease.

          As I'm developing the site the flue will have to be moved.

          I've asked these questions to improve my general understanding, thanks for your comments

          Comment


            #6
            Its likely that if you check your lease there is either a specific or general right for the flue to be run over the flats external wall.

            Any relocation would be by negotiation, and deepening on the terms of your lease may still require landlord’s consent for the work that you are considering doing.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              Thanks leaseholdanswers,

              Definitely nothing in the lease - Does that suggest the flue is up without leasholders permission?

              I'll certainly get their specific consent to move it.

              Comment


                #8
                Ad1 - YOU are the leaseholder.

                You have told us that you have an obligation to repair the external wall. That doesn't mean that YOU own the external wall, in fact that is quite unlikely. It would be quite unusual for the external walls to be the property of any other party than the FREEHOLDER.

                Please read your lease (the agreement between the freeholder and yoursellf).

                Your having planning permission does not mean that you can go ahead with the alterations/extension without reference to your Freeholder, and possibly a party wall agreement.

                Have you consulted building control?

                Comment


                  #9
                  Hi Sad S

                  Thank you I am familiar with the basics and have the usual team of professionals on this along with the an agreement with the freeholder.
                  For added clarification I am simply curious about whether the flue required the Leaseholders permission to go up as I cant see anything of that nature anywhere although planning was granted and I'm sure Freeholders consented. I certainly dont plan to make a fuss about it, I'm just trying to broaden my knowledge.

                  Perhaps I am misunderstanding my lease which states as follows:
                  ...and ceilings of the flat and the external walls co-extensive therewith and half severed medially of the internal walls dividing the same from (MY PROPERTY) and together also with the garden...
                  I'm quite familiar with this lease and cant see anything else of relevance to this point within it.

                  Working on the assumption that the lease doesn't allow for the flue, does that suggest that consent would have been necessary at some point from the Leaseholder?

                  Thanks

                  Comment


                    #10
                    i would have thought that the leaseholder by the virtue of leasing to a restaurant/takeaway, that they would know about the flue, they would have inspected or been able to inspect at a reasonable time and would have seen it and don't seem to have acted 'against' it - so you should assume it is there by agreement.

                    altering flues is a bit more specialised than fixing it to a wall, or rerouting it by adding bends etc, that's if you get permission of course. i would think you would need pp to alter along with permissions from the fh and the lh of the takeaway

                    Comment


                      #11
                      Hi MisterB

                      I own the leasehold of the flat above the restaurant, the flue was already in place when I purchased around 10 years ago.

                      The flue amendment is on the approved plans so that should suffice(?).
                      No problems with restaurant or Freeholder.

                      As I said I am curious as to whether consent was necessary from the Leaseholder of the flat above to attach the flue to the flats external wall.

                      Cheers,
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