Permission for Loft conversion

[verve]

We would be very grateful for any help with regards to an issue with our neighbours on-going loft conversion, where the roof space is not included in the demise of their lease.



We own a ground floor one-bedroom flat in a converted terraced house. The house comprises a basement flat, 2no. flats at ground floor and 1no. at first floor. We currently rent out our flat and the others are all owner-occupied. We all have a Share of Freehold and are part of a management company, which is administered by the owner of the basement flat.



The first floor flat (above us) has begun converting the roof space without our permission. They are the only flat with access to the roof space.



We received an email from them in May 2010 asking us to agree to getting the Property Deeds amended using a Deed of Variation, so as to effectively increase the size of their demise to include the roof space and to take responsibility for roof repairs etc. No Deed of Variation was sent to us.



In response, we requested some further information with regards to plans, duration of building work etc before we could agree to any Deed of Variation or loft conversion. They provided some further information / plans and we told them that we needed some further time for consideration. We had concerns with the disruption to our tenants, visual appearance to the building and additional pressure on a small communal area.



All the other flats had agreed to the loft conversion. This was how it was left, and there was no agreement or Deed of Variation signed by us.



We discovered that building work had started this January 2011. Scaffolding has been up around the building for 4 weeks (building work starting in December). We received no notice from the first floor flat owners or consulted as part of their planning application.



Our tenants are not happy about the disruption, scaffolding and general building waste / dust. We are concerned that they may serve notice on their tenancy agreement, and we would lose very good tenants and incur the costs of finding new ones.



1. Should a Deed of Variation been drawn-upso that it released us of all obligation for roof repairs etc? Would this have required all of our signatures? What is our legal position?



2. Should we have been consulted during the planning application, as per the notice required to be given to owners with a freehold interest or leasehold interest under the ‘Town and Country Planning (General Development Procedure) Order 1995 Certificate under Article 6 or 7’? Looking up the application online, we are down on the form as having been consulted and that notice was given. This is untrue.



3. The loft is not demised in their lease and therefore it is not theirs to convert. They are adding 55 sq.m to their property with 2no. bedrooms and a bathroom. Can we seek retrospectively our share in the value of the loft space?



4. How do we ensure that we are not liable for the roof repairs etc and we are paying a fair proportion of the building maintenance costs? Can we enforce them into a Deed of Variation?



5. Are we entitled to damages if the tenants move out and we incur costs etc?



Thank you for any help or advice.

[jeffrey]

That's a long post! Best to post:
a. the planning aspect here (summarised); and
b. the long-leasehold aspects on, er, the LONG LEASEHOLD Forum (ditto).

[mk1fan]

With regard to the Planning App. As you were aware of the proposed works before the application was made then they may claim that was notice. Whether this is actually true doesn't really need to be established. Unless the extension contreviens the Planning Consent or Planning Law then you can't stop people developing their property.

This last bit is what you need to establish.

That means understanding what your lease states.

[midlandslandlord]

Unless the extension contreviens the Planning Consent or Planning Law then you can't stop people developing their property.

That's not quite complete.

A planning consent does not overrule your Civil Rights, and you can stop them developing *your* property.

So if (for example) the scaffolding has been put up in the garden without permission from whoever controls it, which will probably be the freeholder, an injunction could be taken out to remove it.

It sounds like you need advice from a professional, as once something is built 95% of the time the planners won't do anything other than rubber stamp it.

Most importantly, if you want a result, move QUICKLY and RESOLUTELY.

On one occasion I had a neighbour try and railroad me on the "PP allows me to build it so sod off you little sh*t" basis, and the only way to make him stop and talk to me was by dismantling the scaffolding placed in my garden without permission, therefore rendering his building site unusable by his workforce for H&S reasons.

It sounds like an injunction to prevent violation of the lease and stop him in his tracks is indicated while you work it all out as a freehold company, though I have no idea what sort of lawyer you need.

ML

[mk1fan]

That's not quite complete.


Hence my next sentence.