Permitted develop for a flat?

Hillbilly1

I've already done some research that I think confirms you can't build under permitted development in a ground floor flat.

However my neighbour thinks he can.

Which one of us is correct please?

PasturesNew

For starters, it's probably not his land. He has a leasehold so would, at least, have to get the freeholder's permission.

It'd be helpful if you would explain if you're talking about a new porch, a new door entrance (e.g. directly into his place rather than via a communal entrance), a whole extension, a conservatory, or just turning a 1-bed into a 2-bed.

Flats don't have permitted development rights, as a broad/sweeping statement though. But each building has the potential to be different from the norm. Is yours the norm, or an oddity?

You could start by reading this: http://www.planningportal.gov.uk/permission/commonprojects/flats/

Hillbilly1

Thanks for the reply, that's the information I have found.

It's turning a 1 bed into a 2 bed. We and another party are the freeholders... They would like to buy into the freehold too.

It's also in a conservation area and I think they will need to remove unique original features to do the build.

Doozergirl

Internal works to flats are permitted development. Internal works are allowed in a conservation area, it's only listed buildings that need permission for internal works.

Development does need freeholder agreement under the terms of the lease, though, and building regulations approval.

Hillbilly1

This will be external work as they need to build the space for the second bedroom!

G_M

1) Planning Permission. If external extension, then 'permitted development' may apply, though you'd need to check the rules in a conservation area.

Go and talk to a Planner at the council

2) Read the lease! You are a joint freeholder so should have a copy of his lease (as well as your own). What does it say about 'structural alterations' or similar? I'm afraid I can't read it from here!

Hillbilly1

I'm talking to a planner next week - just looking for any further angles to consider.

And obvs we have read his lease. He can't do a thing without us signing it off!

starving_artist

Depends on the wording in the lease but the freeholder can not unreasonably withhold consent - section 19 Landlord and Tenant Act 1927.

G_M

starving_artist wrote: »

Depends on the wording in the lease but the freeholder can not unreasonably withhold consent - section 19 Landlord and Tenant Act 1927.

Sorry - incorrect.

That applies to "assigning, underletting, charging or parting with the possession of demised premises".

Nothing to do with structural alterations or extension building.

starving_artist

G_M wrote: »

Sorry - incorrect.

That applies to "assigning, underletting, charging or parting with the possession of demised premises".

Nothing to do with structural alterations or extension building.

Er, if you read past the first section ie. section 2 it says:

"In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against the making of improvements without a licence or consent, such covenant condition or agreement shall be deemed, notwithstanding any express provision to the contrary, to be subject to a proviso that such licence or consent is not to be unreasonably withheld"