Extension downstairs

aaaaancly

Hi, not sure if this is the appropriate forum, but it is about preserving the value of my home.

Briefly, my neighbour has shared freehold of a building which is two maisonettes. He lives upstairs. New downstairs neighbour with the other share of the freehold has put an application in for an extension. Upstairs oppose, as do I.

As I understand it both parties need to agree, but they don't. He has said no to three different plans yet she has put an application in to the council.

This extension will take up probably two thirds of their back garden. They have a front garden used for parking.

Upstairs will now be looking out onto the roof of the extension and I think that it may devalue his property.

The small portion of garden left will be adjacent to my bedroom window, so when they have guests round they will only be able to sit outside in the small portion or garden, with the new extension wall bouncing the sound towards me

Is there a legal precedent about extensions in shared freehold properties?

Sorry if I'm in the wrong group. 

Doozergirl

Extensions don't devalue other properties.  I don't see how looking onto a roof instead of someone else's garden makes a difference at all.  In fact, if it's in an area where the upstairs flat doesn't benefit from garden, it could very much increase value if they can negotiate themselves a bit of outdoor space on the new roof.  This is more common in London where planning rules are a bit more relaxed on overlooking etc and space is at a premium.  

People are allowed to use whichever part of their garden they want to.  A single storey extension is unlikely to be very contentious from a planning perspective as it doesn't affect privacy, amenity of people next door or above and there's usually expected to be a 6ft fence already in between.  

Contributors to the House Buying board might have more information on the situation with freeholder permission, but you live next door so it has nothing to do with you?  I suspect that if the ground floor flat owns the garden, that the other freeholder can't unreasonably withhold consent, but it's been years since I had any involvement with leasehold properties.    Reading the lease itself will hold the key.  

Regardless of what the freeholder situation is, people can apply for planning permission anywhere they like, so if the flat owner wants to, they can.  

The reality of new buildings is often far less frightening than the prospect.  

tonyh66

Im pretty sure they will not be allowed to build over 2/3rds of their garden.