Ground floor extension

Bobo123

Hi

I live in a top floor flat of a Victorian conversion.
My neighbour downstairs has sold his ground floor flat to a developer who wants to extend the ground floor

Is there any way to prevent the extension from happening if the leasehold agreement does not stipulate that there is a restriction?

Richard_Webster

Does the ground floor lease include the area where the extension is to be built? If not the freeholder will have to alter the lease to include it. Lesee will have to pay for this

Even if it does include it, the freeholder's consnet will probably be needed. Lessee may have to pay for this.

Planning permission would also be needed. I don't think the permitted development allowances apply to flats.

AdrianC

Bobo123 wrote: »

Is there any way to prevent the extension from happening if the leasehold agreement does not stipulate that there is a restriction?

Object to the planning application. There are certain grounds on which neighbours' objections are acceptable.

If your objections do not fit within those grounds, the objection doesn't work, and permission is granted - then, no.

eddddy

It sounds like you're not keen on the project. However, you could view it as an opportunity to profit from some additional development.

You could negotiate with your freeholder and the developer about making the extension two storey, so you get a larger flat as well. But that is likely to cost you a serious chunk of money.

Alternatively, you could negotiate selling your flat to the developer at a premium price, so that the developer can profit from building a two storey extension.


Edit to add...

... assuming it's a two storey building!

Davesnave

I'd add that if the developer is experienced, they will know that PP is likely to be granted via knowledge of similar extensions, and/or having discussed broad plans with the local authority prior to purchase.

As someone who's lived in a top floor flat, in a large Georgian conversion, I doubt whether an extension of the ground floor will have much impact on you, building noises and parking issues excepted, if it's a four or five storey property.

Bobo123

Hi All

Eddddy, yes it is a 2 story building but the developer hasn't got the funds to buy my flat as well so the option to make it a double story extension isn't feasible.

I'm not keen on going through the works and sharing a complicated project with someone I've not even met before, no doubt there will be builder/vendor disputes, he could run out of cash and the problems go on.

AdrianC - do you have a list of reasonable grounds I could use to object?

AdrianC

Bobo123 wrote: »

do you have a list of reasonable grounds I could use to object?

It's not 100% cast in stone, but...
http://hoa.org.uk/services/ask-an-expert-2/ask-an-expert-i-am-managing/how-do-i-object-to-a-planning-application/
https://www.richmond.gov.uk/what_is_a_valid_objection_to_a_planning_application
http://planninghelp.cpre.org.uk/improve-where-you-live/how-to-comment-on-a-planning-application/letter-of-objection
give you a good idea of the best way to make sure your objection is taken into account.

eddddy

Bobo123 wrote: »

Hi All

Eddddy, yes it is a 2 story building but the developer hasn't got the funds to buy my flat as well so the option to make it a double story extension isn't feasible.

There still may be creative ways to do this - if you really want to.

For example, you can exchange contracts with the builder with a very long and flexible completion date.

The developer builds a two storey extension. Once he has sold the downstairs flat - and has the cash - he uses that cash to complete the purchase your flat.

A good property solicitor should have no problem drawing up suitable contracts for that.

Obviously, there will be lots of inconvenience for you - so you have to make sure the 'profit' is worth your while.