Help: my neighbour is planning an extension on non-demised space

[thrandombadger]

Hello,
I live in a block of 4 and we jointly own the freehold. My neighbour on the top floor submitted a planning application to build an extension on a store room that juts out the side of the building. The store room is non-demised. She did not approach us with her plans and have only found out now, after the time period to submit objections to the council has passed.

Can she do this?

• Can she make an application to build on non-demised space?
• Can she force this through?

I'm in the ground floor flat and object to the fact the extension will block light when in the rear garden.

Your thoughts are appreciated. Thanks!

Have you not been given correct notice of the application? That may be a ground to allow you to challenge it. You could also attend the planning committee meeting at which it is to be considered.

We didn't receive notice through the post and the sign outside on the lamp post was obscured so only noticed the application today. Closing date for comments was 8th May. I would say I was not given proper notice. Her original application last year was for a loft conversion only and we received a letter through the post. The loft is demised to her.

Good point about attending the planning meeting. I'll look into that. Thanks.

Second the comment about notification. Did the other two in the block receive notice? It's difficult for you to prove that you didn't receive notice but if all three of you say the same then that shifts the balance of probability.

Can she proceed if the freeholder objects?

Does the storeroom have sufficient foundations for another storey?

These days most Council's do not write to neighbours, just put up site notices. That is legal.
If the application has not yet been determined, you can still submit objections to the Council - but do it quickly!
Does any of the work proposed actually touch/involve any of the building owned by you, or do you rent? If it does, and you do own, then the applicant should have served notice on you, prior to submitting the application. If this has not been done, tell the Council immediately as it is not a valid application. This may give you more time.

I've just seen that you partly own the freehold of the whole block - surely she cannot proceed if you say she can't. Planning permission would not override this.

Yeah, doesn't she need freeholder consent?

Sorry can I clarify because I don't know what you mean: she wants to extend a store room that is non-demised space? This store room is a part of the public area? Why would she want to extend what isn't for her sole use?

Have I completely misunderstood what demised area means??

The store room will be communal so not belonging to any of the flats or possibly belonging to one of the other flats and the neighbour has applied to build on top of it, presumably at the same level as her own flat, in order to extend her flat.

Having done some google searches people seem to be using demised area the way I understand- the area of the building that the lease gives to sole access and use of, as well as (generally) responsibility to maintain.

Building into a non demised area without the landlords permission seems to be well accepted as not allowed. Given that you all share the freehold I would have a look at your lease when you bought the flat. It should spell out in excruciating detail exactly what is required in this sort of situation. Call the lawyer who did the conveyancing for you. They should still have copies of the lease and some might even be prepared to explain your rights in this circumstance for free.

It's not too late to object. Ring and talk to someone. The officers need eyes on the ground to help them understand the situation.

This is a separate issue to the planning permission. It's not the council's problem if they don't own the right to build into it - the council is just saying that as far as they're concerned, they have no objection to the theory of the build.

As joint freeholders you need to let them know that they do not have the right to build into the space as it is owned by the freehold company (of which you are all shareholders). She still only has the right of occupation to those spaces set out under the terms of her lease. If you and your neighbours are amenable you can sell her the store room but you need to get it valued and you may need new leases drawn up for everyone as it changes the scope of the communal areas.