AIBU to think that my upstairs neighbour cannot decide to build an extension on my flatroof without my explicit permission?

[BaleOfHay]

London converted terrace. My upstairs neighbour (with whom I share the freehold of the building) has submitted a planning application to build an extension out on to my flat roof. AIBU to think that A) he's a CF, and B) they need my explicit permission for such a build? Surely he can't build on my roof without my permission??

I am wrong, sorry 😬

@S1lverCandle - see previous comment. My downstairs neighour and I bought the property with the extension already built.

you are wrong - she already stated that the extension housing the two bathrooms was built as one unit for that purpose. It was built prior to her purchase of the flat.

Who owns the barren that scaffolding, building supplies, ladders etc would have to sit on? If it’s you, presumably you can just withhold permission given that this isn’t a repair or maintenance issue?

GARDEN, not ‘barren’

You need to look at the plan. There will be a floor plan in your leasehold agreement and in the agreement belonging to the upstairs flat. Your demise is usually outlined in red.

This extract doesn’t tell you anything about who owns that specific space.

Apply for planning permission to demolish your extension and ensure he is informed of it 😂.

I had a colleague whose dad had had neighbours put a hot tub on a flat roof like this.

It collapsed.

Colleague taught physics and used to use it on class as an illustration of the weight of water...

There's two factors here:

• planning permission; and
• permission from the owner of the building

They are two very distinct matters. He might get planning permission, but as joint freeholders I would imagine you have powers that he's not aware of to veto it.

This website is very good - Can I alter or improve my flat

I would definitely recommend speaking with a solicitor who can study the lease and any freehold covenants/company constitutions if the freehold is owned through a company. Does your buildings insurance (either for the flat or your current home) have legal cover? They might be able to help.

I work with a much bigger block of flats where the top floor flat has a roof terrace that they want to build into. He's applied for planning permission, even though the shareholders of the freehold company are, in the majority, against the development, so he will not get freeholder permission to make the changes (he is also a shareholder in the freehold company).

The Lessor is the freeholder - see my previous post.

You dont need permission to apply for planning permission!

https://www.mumsnet.com/talk/property/4822883-can-i-refuse-neighbor-creating-terracebalcony-above-my-kitchen

This exact question has been posted before. Looks like the answer is no, a neighbour cannot do this.

You need to seek proper legal advise from a solicitor and then respond to your upstairs neighbour based on that. It will be worth every penny it costs you to do so.

I haven't read hee full thread so forgive me if someone else has raised this. Will the foundations be strong enough to support another level?

My guess is that he will present you with something that he will frame as a fait accompli and hope he can trick you into thinking that you cant oppose or stop him.

This. My next door neighbour applied for permission for a side extension which according to the plans encroached on my garden. I pointed this out to the planning officer who said it was none of his concern and if I had a boundary dispute to take that up with a solicitor. And granted planning permission for a building in my garden M 😫🙈🤷‍♀️. Thankfully the drawings were just a bit shit.

OK you've done the right thing by objecting to the planning.

From a legal perspective I'm picking up that the leaseholders (3 of you) jointly own the freehold (the structure of the building, the land in which it stands and the airspace above). Him being a joint freeholder does not mean he can do what he wants with the structure and airspace as it belongs to the other joint freeholders too. This is further supported by the lease obligation not to alter without lessor (freeholder) permission. This means the other joint freeholders would need to agree and even if willing there will be terms/limits (on the works methods and end result) to agree, and the other freeholders may want compensation. The building insurers will want to know about it too, particularly if there has been a history of subsidence. Damage caused by major works will often not be covered if works were not notified.

Think about it this way - if he builds out over your roof, you are deprived of the option of extending up even though the airspace is jointly yours. This would be the reasoning for compensation.

Let him know that you know what he's up to. He may be being sneaky as you don't live there. It's much better to stop him in his tracks now than find out he's started work and you'd have to get an expensive injunction to stop him at that point.

Planning won’t care about your permission - that is a separate civil issue between you and the neighbour.

Sorry I haven’t read every post so this may have been asked. Do you have a mortgage? Your lender will not want any work don’t to it’s security that will reduce the value of the security. If you have one, get the lender involved.

This equally affects the neighbour (also a joint freeholder?) on the lower floor. Anything structural affects them and you are jointly responsible for keeping it safe and in good condition.

This! Many years ago,my parents considered building an extension on the flat roof of their garage. Turned out that the garage's foundations and walls weren't strong enough to support the weight and would have cost much much more than they'd bargained for!

We recently applied for planning permission (Hertfordshire) and details of the application were stuck to lamposts on the street

Still happens here, Norfolk, too.

This. But I understand your concern that they may think they can then just build it. Make your objections and be vigilant.

No advice to offer but I am so shocked that anybody can apply for planning permission for property they don’t own and planning don’t care about it. Surely that should be the No1 question - do you own the land or property you wish to alter or build on.