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Extension -neighbour -what to do- help

8 replies

frillyflower · 01/02/2017 14:50

We are building an extension to our kitchen of our ground floor flat. We own the entire ground floor including the garden.
Our upstairs neighbour (converted Victorian house, three flats, all share freehold) objected to the planning permission but was overruled.
She then raised 3 concerns about our work although she also said (in writing) that she didn't want to stop us going ahead and to address these we are putting in an acoustic ceiling, a soft closing front door and lowering the height of the kitchen roof.
She then said she wanted us to agree that no maintenance or repair issues arising from our extension would be the responsibility of the other flat owners. We readily agreed to this (also in writing as she asked).
She then warned us that she had not yet given permission for our work - despite us negotiating with her since September and agreeing to all her demands.
We have asked her to drop us a note of agreement and she has not replied despite the work beginning next week as she has known for a long time.
Our lease says we have to seek the permission of the other freeholders but also that their permission should not be unreasonably withheld.
Does anyone have experience of this? Is she now acting unreasonably?
We want to get on with the build without this hanging over us.
Any advice? Thanks.

OP posts:
minipie · 01/02/2017 15:02

I think in your shoes I'd be brave and get on with it. I'd send her a written letter saying you believe any refusal of permission now would be unreasonable (give reasons ie you agreed to her requests, work is about to proceed) and so you are proceeding. I doubt she'd sue and if she does I doubt she'd get anywhere.

wowfudge · 01/02/2017 15:15

She's already put in writing that she doesn't want to stop you going ahead therefore for her to say now she still hasn't given her permission is hair splitting imo.

frillyflower · 01/02/2017 15:21

Thank you. This is really doing my head in now!
To make it worse, she did her own building work two years ago. We made no objection except we said if our glass kitchen roof was damaged she would have to repair it. It was and she didn't. She didn't ask for written permission for that building work and we only said in an email that we had no objection in principle. She went ahead anyway.

OP posts:
minipie · 01/02/2017 16:01

Right well you jolly well go ahead then!

frillyflower · 01/02/2017 17:52

Mini pie! Liking your style. She really is the most unreasonable person. She always wants cast iron gusrantees for everything e.g. Can you guarantee that a burglar wouldn't cross your extension roof and burgle my flat?!
I think all she can really do is refuse to sign over the freehold if we ever want to sell.
Frankly shared freeholds are a nightmare. I'd advise anyone to steer clear!

OP posts:
joytn12 · 26/02/2022 16:22

Hi @frillyflower, I came across your issue and how did you get it resolved in the end? We are in a similar situation, however we are leaseholders and we got planning permission and the freeholder's permission, however my issue is that our neighbour has a small terrace (probably 2sqm) over the end of our roof and in order to do the extension we need his permission to remove and rebuild the terrace. He has been very difficult, he objected to the planning permission request but it didn't impact council's decision but if there is anyway he could have stopped the extension, he would have.

Any advise you could give from your experience would be greatly appreciated. thank you in advance

Rollercoaster1920 · 26/02/2022 20:11

A terrace on your roof would be a party wall agreement thing. Get a decent party wall surveyor to do the award.

TheRealMrsMac · 26/02/2022 20:16

ZOMBIE THREAD - 5 YEARS OLD

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