Management company has problem with extension!

dibs101

Advice needed. Live in a duplex home with appartment above, rang county council to see if I needed planning permission to built single story extension to kitchen/living room out the back. Gave them my address and they checked it out. They came back and said that that was fine as long as I stayed within regular limitations for ground floor extension. Extension nearly completed.

Get phone call today from management company telling me to cease building straight away, that Director of company was walking through estate and saw extension to rear of house over garden wall and that there is a meeting of the directors tomorrow to discuss the extension!!!!

WTF!!!!!!!!! not happy bleeding people for over a grand a year for nothing now they decide they can dictate what kind of extension goes in the private property of our back gardens!!!!!

Thoughts appreciated please.............

mikemac

"They said that was fine"

Do you have a letter?

archtech

Was there any conditions regarding extensions to the property attached to the sale/purchase of the property origionally?

dibs101

no changes to the front of the building was in the conditions originally. Which is still the case.

And no I do not have a letter, just spoke to somone from county council on the phone.

sunnysoutheast

dibs101 wrote: »

no changes to the front of the building was in the conditions originally. Which is still the case.

And no I do not have a letter, just spoke to somone from county council on the phone.

Is this something to do with the Council assuming that it would be exempted development, whereas this might not apply to a "duplex home with apartment above". Exempted development applies to houses only, as far as I know.

Unless there are specific conditions preventing rear extensions (in which case I'd say you're in trouble) you may have to apply for retention permission. Whether the mgmt. co. will make an observation on this I don't know.

Hopefully one of the pros on here can let you know the full position.

SSE

WaltKowalski

Do you own the leasehold interest in the property?
The conditions included in buying a leasehold property can be extensive and restricting.
Do you or your solicitor have a copy of the deed of transfer so you can check if there are any building restrictions?

dibs101

Thanks for advice sunnysoutheast. I think the solicitor still has the deed of transfer. Im pretty sure that the only stipulation was no changes to front of properties, what difference does it make if there is a change to the back of the property that isnt visible from the front of the property?

archtech

I would seek a Section 5 declaration from Planning authority to establish/confirm if development is exempt. (always better to have anyway long term anyway, for possible resale/finance at a later date.) The fact that there is an apartment (which is defined as a dwelling) overhead your property, the ordinary exempted development may not be applicable or be interpreted as been applicable.

Review the conditions of the property regarding the management company and their restrictions, it could be just a case of having to present your proposals to them before the work is undertaken. Also are all the management fees equal or based on different property sizes.

It might also be no harm to review the relevant planning permission, in case there were any conditions that may be relevant.

WaltKowalski

If there is a clause in the deed of lease that states an extension is not allowed, then whether the council allow it or not has nothing to do with it?

sunnysoutheast

dibs101 wrote: »

Thanks for advice sunnysoutheast. I think the solicitor still has the deed of transfer. Im pretty sure that the only stipulation was no changes to front of properties, what difference does it make if there is a change to the back of the property that isnt visible from the front of the property?

I would assume that provision was to prohibit satellite dishes etc. at the front.

I don't think the issue is whether you can build an extension per se, just what permissions you would need before doing so. If you are leasehold, then I'd say you would certainly need the freeholder's permission before doing anything. If the property is not a "house" then you would likely need planning permission, I believe exempted development does not apply.

Sorry I'm not an expert on the exact legalities of this, I just have long and bitter experience from the UK of people extending flats next to us without permission etc......

SSE

rayjdav

Regardless of what was on the original contract to purchase, you might be in a bit of a pickle here.
From the Planning Act 2000, Under Section 2: Interpretation:

"excluded premises" means—
(a) any premises used for purposes of a religious, educational, cultural, recreational or medical character,
(b) any guest house or other premises (not being a hotel) providing overnight guest accommodation, block of flats or apartments, club, boarding house or hostel,
(c) any structure which was designed for use as one or more dwellings, except such a structure which was used as business premises immediately before 1 October, 1964 or is so used with permission under the Act;

The best bit of advise I think is to engage a good local AT and get a site visit so as at least then you will get a definitive answer to your particular circumstance. Maybe they could argue your case taking into account Article 5 of the Planning Regulations 2001, i.e. the definition of a house contained therein.
　

WaltKowalski

Just wondering was this matter settled?