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Extending my flat. Advice needed!

6 replies

GirlFromMars1 · 29/03/2015 17:07

Advice needed please! We have planning permission for a small rear extension to our flat. The garden is owned by us not the flats above. We are share of freehold and the other owners are all ok with our plans except for one person who said they don't want to look down on it. It won't affect their light or air, and they will still have a good view of the garden. The lease states we need written consent for structural alterations but that such consent cannot be unreasonably withheld. Given that there is no legal right to a view I think they are being unreasonable.

Has anyone been in a similar boat? We have been very civil towards them and kept them informed throughout the design process. Now we have planning permission we are planning to get a solicitor to do a deed of variation to say that we will look after the new roof. If they refuse to consent is the next step to threaten court action? We are doing everything by the book and will get in a structual engineer to assess the work and a surveyor for party wall awards but we don't want to do that until we know for sure that we have official consent. Has anyone had these issues? How did you resolve it? We can't have a freeholder meeting as the complainant lives abroad (he just rents the UK flat out).

We need to get it all resolved soon as we need to do the work before baby arrives.

Would appreciate any advice.

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MerryMarigold · 29/03/2015 18:20

Can you get his input on the roof tiles eg. would he prefer to see tiles or a flat roof? etc. But other than that, if you don't see the complainant often as he's abroad, I would go ahead with the legal process.

cunningplan101 · 29/03/2015 19:17

Something to keep in mind about going ahead without having all freeholder permissions is that it could give you problems when you come to sell. When I bought my last flat, my solicitor insisted on seeing all freeholder permissions for work done - and the seller actually had to go back and get retroactive consent because the existing consent was worded too vaguely.

I like Marigold's idea about consulting them on the roof appearance. Or, could you even go all grand designs and add a green roof? www.mumsnet.com/Talk/property/a1967718-Green-roof

DieselSpillages · 29/03/2015 19:20

Why not put a turf roof on the extension. Great insulation and the neighbour would be happier.

GirlFromMars1 · 29/03/2015 20:27

We offered that as an option and they made excuses. They just don't want it done full stop. It's so frustrating.

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Celeriacacaca · 29/03/2015 21:01

I'd get legal advice asap so you're not delayed further and get a letter written to them outlining your plans, that you have planning permission, the other freeholders consent and give them a deadline to give their consent or otherwise it'll be deemed as being unreasonably withheld.

I wouldn't bother incurring any extra expenditure on their behalf making it look good. You've given them an opportunity to have their say, which is very neighbourly of you and they won't appreciate it as people like that just can't be pleased, no matter what you do. I'd be tempted to have a smiley face painted or tiled onto the roof Grin

Good luck!

GirlFromMars1 · 29/03/2015 21:39

Thanks for that Celeriacacaca. We had the same idea but less polite message on the roof...

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