Can freeholder build above my penthouse?

Vestra

London has a huge shortage in housing, there should be more encouragement for schemes likes this.

euromike

Owain_Moneysaver wrote: »

Even if planning isn't granted, the freeholder may decide to proceed without it anyway.

How is that even possible?? Aren’t people who build garden sheds or extensions without planning permission then ordered to tear them down? Do developers normally operate like this - build first, then worry about retrospectively getting a consent?

davidmcn

euromike wrote: »

How is that even possible?? Aren’t people who build garden sheds or extensions without planning permission then ordered to tear them down? Do developers normally operate like this - build first, then worry about retrospectively getting a consent?

Well, it's possible, but pretty rare. Obviously a rather expensive risk for anybody to take for something as big as this.

silvercar

If you have consent from the freeholder for your skylights, I would think the freeholder can't block them. If however someone sneeked them in without permission and they weren't on the original plans, you may have a harder time.

Do you have legal insurance with your contents insurance?

euromike

silvercar wrote: »

If you have consent from the freeholder for your skylights, I would think the freeholder can't block them. If however someone sneeked them in without permission and they weren't on the original plans, you may have a harder time.

Do you have legal insurance with your contents insurance?

Ours is a purpose built 2006 block, I bought the penthouse in 2015. The skylights were obviously on the original plans.

Newuser1987

You may want to look into 'right to light' for your rooflights. Separate from planning and worth exploring.

Another thing potentially will be party wall agreements. Its worth asking a party wall surveyor to look into what is being proposed and checking if the works fall under the Party Wall etc Act. If they do you will have rights as will the freeholder.

This is certainly possible on the freeholders behalf but the above points can be sticking points.

I am an architect and often work on developments where new flats are added onto the top floors. Also worth pointing out that this is actually soon to become permitted development.

ComicGeek

Newuser1987 wrote: »

You may want to look into 'right to light' for your rooflights. Separate from planning and worth exploring.

Not yet 20 years old, so right to light wouldn't apply now. Would also be common for newer leasehold schemes to have the right to light removed for exactly this scenario, to allow building over/next to.

However, if the roof lights are located in habitable rooms (bedrooms, kitchen, lounge etc), and are the primary source of daylight, then this may be a valid objection to the planning application.

euromike

Newuser1987 wrote: »

Also worth pointing out that this is actually soon to become permitted development.

Does this sort of scenario (an entire new floor of a 4 storey residential building) fall under the scope of the new permitted development rules? I thought it was more for the likes of garden or loft extensions in period terraced houses. Otherwise, can any building now just get an extra floor without any planning approval?
Edit: just found this „ Class B – Additions to the roof
This allows for rear dormers and hip-to-gable extensions as long as the additional volume created does not exceed 50m3 (40m3 for semis and terraced homes).„
Doesn’t sound like my scenario is included, but I might be wrong,or looking at some old version etc

gwynlas

A lot depends upon your lease.
I previously lived in Southwark in a 3 storey block where we had right to manage. One previous freeholder created a lease for the loft space and various subsequent freeholders attempted to get planning pernission over the years,
It was eventually thwarted as no access would be granted to allow breakthrough from original staircase to service new floor.
You need the support of your fellow leaseholders to effectively block this development or negotiate a deal to compensate you for all building work you will be facing.

Newuser1987

euromike wrote: »

Does this sort of scenario (an entire new floor of a 4 storey residential building) fall under the scope of the new permitted development rules? I thought it was more for the likes of garden or loft extensions in period terraced houses. Otherwise, can any building now just get an extra floor without any planning approval?
Edit: just found this „ Class B – Additions to the roof
This allows for rear dormers and hip-to-gable extensions as long as the additional volume created does not exceed 50m3 (40m3 for semis and terraced homes).„
Doesn’t sound like my scenario is included, but I might be wrong,or looking at some old version etc

Youre looking at current permitted development. It hasnt come in to effect yet which is why the freeholder has sought full planning permission. My point was more that soon the freeholder wouldnt even need to seek planning approval.
You can read more here. Its still very open as to when it will be adopted.
https://live.architecture.com/knowledge-and-resources/knowledge-landing-page/upwards-extension-permitted-development-rights

I missed the how long you had lived there so yes Right to Light would not apply. I doubt planners would be concerned unless they were primary windows serving a habitable room.