Extending flat onto common area

Dannymarr

I live in a downstairs one bedroom leashold flat . It has a shared front door. The new neighbour upstairs wants to extend his flat into the common hallway to build an extra bedroom. I asked to see a copy of the builders plans for the work, he said there isn't any. He also maintains he doesn't need planning permission to carry out the work. Is this correct and how do I stop him if it's not? Your help with this matter would be greatly appreciated.

need_an_answer

What does the lease say about extending into common areas?
Its quite unusual to be allowed development into communal areas so I would first check the lease and then approach either the managing agent or freeholder for further clarification.

moneyistooshorttomention

He's got a nerve.

Have you got a copy of his Title Plan and Register entry from the Land Registry?

I'd suggest getting them. It costs £3 for each document if you buy them online and £7 for each document if you buy them in a paper copy from the LR.

Presumably it's still as clear where the "red lines" denoting ownership are on flats as it is in houses? - ie his "red line" won't extend out into the communal hallway.

In fact I'd be inclined to get these documents for the whole block - then show them to him and say "You don't own x - because it's owned by y. So you can't touch it".

EDIT; Right now I'd suggest joining a website recently mentioned on here. So check out https://www.nimbusmaps.co.uk. There are two levels one can join at - the free level some of us have been joining or a paid-for level for "professionals" involved in housing etc. Join the free level - it only takes minutes to do so and find out how to find your way round in it. That alone might help you with sufficient information - but it's certainly useful to belong to anyway. If you decide to buy the LR information I mention - there is a link to do so on this website.

Tom99

Is his flat the only flat on the 1st floor so that it's only him that needs to use the 1st floor landing?

G_M

Who owns the freehold? Do you both jointly own it or is it owned by a 3rd party? Or by him?

If not sure, get the freeholdtitle from the land registry.

If this is a 'common' or shared area, freeholder consent would be needed. Probably the freeholder would also have to consent to any structural change - but read the lease to check that.

If he starts work without the required consent, apply for an emergency court injunction ordering him to stop (assuming tea and cake does not work!).

davidmcn

Dannymarr wrote: »

Is this correct and how do I stop him if it's not?

Why do you want to stop him?

Dannymarr

If it's illegal it may affect my ability to sell my flat.

need_an_answer

Dannymarr wrote: »

If it's illegal it may affect my ability to sell my flat.

Its more likely to affect his ability to sell his flat going forward.

who is the freeholder?

bouicca21

Is the common area actually demised to him? What do both leases say about the rights attached to the common area?

davidmcn

Dannymarr wrote: »

If it's illegal it may affect my ability to sell my flat.

Not sure why it would, if it's his flat which is in breach.

Okrib

This sounds very unlikely. Who is the freeholder?

Whatever happens, you need to get moving to avoid problems in the future. Get title documents from Land Registry for a start.