Can he start building works on my house?

[reflection]

Can you please give me your opinion? I'm seperated from my husband. The house is in my name but he has paid the mortgage for the last ten years. Three years ago we applied for planning permission for an extention.

I had a agreed that on Thursday we would put the house on the market. He came to me on Wednesday and told me that he doesn't want the house to be sold. That as the house has in date planning permission he wants to build an extention. The planning permission runs out in June. I opose this and do not want the building work, I want the house to be sold. I live in the house with one minor. Can he start the building work without my say? What should I do if the builders turn up? I am now filing for divorce. I am really very worried that he will stop the sale and force me out.

Is the house solely in your name or joint names

My name only.

Well he can't do anything. Legally it is your house and yours alone yes because he's married he's entitled to some of it etc.

If the builder turns up tell him it's a mistake as the house is in your name and you haven't agreed to having the work done.

Thank you. I will. I feel so anxious.

Does he want to do the extension because he thinks that the house will then be sold for an additional amount higher than what the extension cost? Or is he just trying to make your life difficult and cause you trouble? If it's the former, is he correct and is it worth considering?

If you know the names of the builders contact them and advise that the building work is not going ahead. Even though the house is in your sole name it is still a matrimonial asset and he could make things difficult if you wanted to sell it but it seems a bit daft as he is not living there. Normally its the spouse not living there who wants to sell.

I guess he does not want to lose the value that the planning permission adds to the house by allowing it to expire.

The planning permission will not expire if the work is started before the expiry date - does not need to be finished.

Starting the work can be as simple as digging one small hole, that would be enough to satisfy the definition of starting the work. The planning permission can then never expire.

You could then stop work and sell the house with the planning permission still valid.

Just a thought which may defuse this situation. If you are on good enough terms with your ex to be able to have a reasonable discussion with him it might be worth trying to reach an agreement along these lines.

Digging one small hole may not be enough to stop the planning permission from lapsing. You need to make a significant start on the development with the intention of completing it. Any less than that and the LA can argue that you haven't done enough to stop the planning permission lapsing.

As the house is in your name only and he doesn't live there he can't force you to have the work done. However, when you come to divorce he may argue that your refusal to allow this work has reduced the value of the house and that he should therefore get a higher proportion of the assets of the marriage. Whether or not this argument would work is another matter but he can try it.

Talk to the solicitor who is handling your divorce.