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Apr, 2014

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  1. #1

    Default Leaseholder works without planning permission

    Our leaseholder has renovated her flat without planning permission (yes required for new windows) and without proper consent from the freeholders. The work has caused cracks in the walls of the flat downstairs.

    No one wants to sour relationships and we are trying to think of the best way ahead that pleases everyone. However the freeholders are concerned about the lack of planning permission. Our leaseholder has made changes to the fabric of the building (the roof). If the council wanted to make a fuss, who would be in the firing line? the leaseholder or the freeholders?

    The roof has a number of guarantees - waterproofing, tiles etc. Would our leaseholders building work have negated these guarantees. It doesn't say anything in the guarantees but my gut feeling is yes. Anyone have a view?

    Any help gratefully received.

    Imp

  2. #2
    Join Date
    Aug 2010
    Location
    London
    Posts
    1,089

    Default

    What's your role in this? You say 'our leaseholder' but then also mention the Freholders.

    As far as the Council goes you may have Planning and Building Control issues - these are completely separate to each other.

    As for liabilities, well the council will go after the freeholder for enforcement. The freeholder will then go after the leaseholder for enforcement or forefieture. If the leaseholder has sub-let to a tenant, then they will have to evict and chase the tenant for compensation.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

  3. #3

    Default

    Sorry if not clear. I have a share of the freehold. Not all the leaseholders are freeholders. We just want this sorted as amicably as possible without unnecessary expense.

  4. #4
    Join Date
    Aug 2008
    Posts
    3,250

    Default

    You probably need to get a building surveyor to inspect both the renovated flat and one below with cracks to see if any load bearing walls have been removed to cause the cracks .

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