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Front garden in freehold - can I use it?

5 replies

dotdotdotdash · 20/09/2021 11:01

I'm buying a first floor flat with a communal garden that is maintained by a gardening service. There are also individual garden plots in the front that some of the flat owners are obviously cultivating themselves. I'd like to do the same, and install a small bike shed, but I'd rather do it above board than informally.

Would you write to the freeholder to ask permission? There's nothing in the lease and there is a committee of leaseholders who arrange all the maintenance of the building and gardens. It may be relevant that the secretary of the leaseholders committee hasn't cultivated the bit in front of her flat, and she got really shirty with me when I rang her to enquire if there are informal arrangements.

I don't want to annoy my neighbour, but I'd also like to make use of the space to keep our bikes secure and grow a couple of shrubs!

OP posts:
Seeline · 20/09/2021 11:03

As a separate issue, you'd need planning permission for any structures.

BobbyNW · 20/09/2021 11:29

Yes as above, worth checking planning permission as my understanding is it’s different for front gardens (you normally wouldn’t need planning for a temporary shed/bike hut type thing in the back garden but might be different in the front).

The plots being cultivated are probably let out or have been purchased, so I wouldn’t just start gardening on a random plot. Best to get some informal (or formal) legal advice.

LIZS · 20/09/2021 11:43

Ask your solicitor to clarify ownership and permissions.

dotdotdotdash · 20/09/2021 12:29

Thanks for your comments. I am trying to get clear answers from the vendor but it's a probate property so the executor has little knowledge of the property, but I will push it through my solicitor in the hope they'll go and find out!

I didn't know sheds in front gardens need planning permission sometimes - useful to know.

OP posts:
Seeline · 20/09/2021 18:19

Flats do not have permitted development rights so planning permission is required for any structure - shed, bin store, bike shelter etc regardless if whether it is front or back garden.

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