Promoter planning to add a balcony on top of my terrace, after we completed for the sale of my flat

Lionel84

Hi Everyone!

I need help! I’ve just bought my first ever flat and now something dodgy is happening and they are planning to put in a balcony on top of my open air terrace AFTER I’ve signed and completed

Any advice is welcome!

• I bought a flat with a nice open air terrace from a developer.
• The developer had just renovated the full building with 6 flats for sales originally.
• The agent told me (only verbally) that all other flats were sold to other private buyers.
• On the 19/01 we finalised the sale of my flat.
• On the 6/02 I received letter from a company called City Planner telling me about this plan for the balcony.

Now the interesting part…

• On the 11/02 I learn that the owner of the flat above mine is actually the developer. They are currently renting it out and have not sold it.
• The timing of my purchase and planning notification letter is very suspicious. Withholding till after my sale was done?

My questions are:

• What can I do now?
• What can I do if it gets approved?
• Should I have been told about this?
• Who should I get in touch with?

Please, any advice, contacts on how to address this situation would be great!

Thank you

Lionel

DE_612183

when did they apply for planning permission?

user1977

Have you spoken to your solicitor?

Lionel84

They have sent the application to the council on the 6/02 according to what is written on the letter. but i have checked on the website of the council but it is still not there. 
The solicitor is telling me to chat to a Property litigator, he is not able to advice.... :-(

goater78

Not sure there is much you can do apart from object to the planning permission application. There is always the danger one of your neighbours may submit a planning application. 

eddddy

The first question would be whether the developer said anything that was misleading or incorrect in the contract documentation. If so, you might have the basis for a claim against the developer.


Next, it sounds like you bought the flat from a developer. A developer would be a trader (and you are a consumer), so the developer is bound by The Consumer Protection from Unfair Trading Regulations 2008.

That means the developer is not allowed to "omit material information" which might influence an average consumer's decision to buy the flat. If material information is omitted, you have the right to take the developer to court (for example, to unwind the contract, or get a discount).


But I suspect that would be a very tough (and very expensive) legal fight. For example:

• Did the developer already plan to put in the balcony before you bought?
• Is the balcony plan "material information", which, for example, would have caused an average consumer not to buy the flat?

user1977

eddddy said:

But I suspect that would be a very tough (and very expensive) legal fight. For example:

• Did the developer already plan to put in the balcony before you bought?
• Is the balcony plan "material information", which, for example, would have caused an average consumer not to buy the flat?

And did the contract say (as they tend to do) that the developer reserves the right to amend any previous plans and complete the remainder of the development as they wish (subject only to any specific rights otherwise granted to you in your lease etc).

p00hsticks

Lionel84 said:

I need help! I’ve just bought my first ever flat and now something dodgy is happening and they are planning to put in a balcony on top of my open air terrace AFTER I’ve signed and completed

Just to clarify, because I can't visualise it - is the issue that you own an open air terrace as part of your flat, and the owner of the flat above has put in an application to install a balcony out of their property that would extend over an area of your terrace ?

Lionel84

p00hsticks said:

Lionel84 said:

I need help! I’ve just bought my first ever flat and now something dodgy is happening and they are planning to put in a balcony on top of my open air terrace AFTER I’ve signed and completed

Just to clarify, because I can't visualise it - is the issue that you own an open air terrace as part of your flat, and the owner of the flat above has put in an application to install a balcony out of their property that would extend over an area of your terrace ?

yes this is exactly that. 
The balcony would be linked from the flat upstairs and would be built over my own balcony/terrace. it would not cover it completely but half. It will also reduce the light coming in my flat

Lionel84

eddddy said:

The first question would be whether the developer said anything that was misleading or incorrect in the contract documentation. If so, you might have the basis for a claim against the developer.


Next, it sounds like you bought the flat from a developer. A developer would be a trader (and you are a consumer), so the developer is bound by The Consumer Protection from Unfair Trading Regulations 2008.

That means the developer is not allowed to "omit material information" which might influence an average consumer's decision to buy the flat. If material information is omitted, you have the right to take the developer to court (for example, to unwind the contract, or get a discount).


But I suspect that would be a very tough (and very expensive) legal fight. For example:

• Did the developer already plan to put in the balcony before you bought?
• Is the balcony plan "material information", which, for example, would have caused an average consumer not to buy the flat?

Thank you for your answer
The promoter never talked about building a balcony over mine during the sale process. What i think is weird is the timing of the application, just 3 weeks after i have bought. This tells me they had it in plan before i finalized my purchase. but this is the only indication i have today.
The Balcony has a real impact on the light in the flats and the way i can enjoy the garden. I would not have bought it on personally with a balcony over shadowing the terrace as it will cover half of it. i think someone would have bought it but likely at a lower price

Lionel84

user1977 said:

eddddy said:

But I suspect that would be a very tough (and very expensive) legal fight. For example:

• Did the developer already plan to put in the balcony before you bought?
• Is the balcony plan "material information", which, for example, would have caused an average consumer not to buy the flat?

And did the contract say (as they tend to do) that the developer reserves the right to amend any previous plans and complete the remainder of the development as they wish (subject only to any specific rights otherwise granted to you in your lease etc).

Thank you :-:smile: I am going to ask them straight away