Hi,

I'm buying a raised ground floor flat (1 of 4 in a vctorian conversion) at present and am looking at improvement works that would add value.

At present although the flat comes with half of the rear garden the only access is via the main front door, so you have to walk all the way around the building. The other half of the garden is owned by the lower ground floor flat who have direct access from a small patio at the same level as their flat, this leads up stairs to the main garden which is at a level between the 2 flats.

What i would like to do, and am unsure of what permissions i would need, is to reopen an old rear access from the flat i am buying which has been partially bricked up and a window installed in the place where the door used to be. I would then need to install a staircase across the rear passage and onto the garden, this may restrict the light into the lower ground floor flat slightly.

So assuming that makes sense, would i need planning permission for the work and would the neihgbour have any legal protection to stop me from doing the work?
This is assuming that i will have a share of the freehold of the flat which at present i would not have.

Any advice appreciated.

Rob

On Apr 15, 2:03*pm, Robin Foster
wrote:
Hi,

I'm buying a raised ground floor flat (1 of 4 in a vctorian conversion)
at present and am looking at improvement works that would add value.

At present although the flat comes with half of the rear garden the only
access is via the main front door, so you have to walk all the way
around the building. The other half of the garden is owned by the lower
ground floor flat who have direct access from a small patio at the same
level as their flat, this leads up stairs to the main garden which is at
a level between the 2 flats.

What i would like to do, and am unsure of what permissions i would need,
is to reopen an old rear access from the flat i am buying which has been
partially bricked up and a window installed in the place where the door
used to be. I would then need to install a staircase across the rear
passage and onto the garden, this may restrict the light into the lower
ground floor flat slightly.

So assuming that makes sense, would i need planning permission for the
work and would the neihgbour have any legal protection to stop me from
doing the work?
This is assuming that i will have a share of the freehold of the flat
which at present i would not have.

Any advice appreciated.

Rob

--
Robin Foster

I think the best thing is to talk to your neighbour about this first.
You might be able to claim you need it as a fire escape.

On Monday, 15 April 2013 14:03:56 UTC+1, Robin Foster wrote:
Hi,



I'm buying a raised ground floor flat (1 of 4 in a vctorian conversion)

at present and am looking at improvement works that would add value.



At present although the flat comes with half of the rear garden the only

access is via the main front door, so you have to walk all the way

around the building. The other half of the garden is owned by the lower

ground floor flat who have direct access from a small patio at the same

level as their flat, this leads up stairs to the main garden which is at

a level between the 2 flats.



What i would like to do, and am unsure of what permissions i would need,

is to reopen an old rear access from the flat i am buying which has been

partially bricked up and a window installed in the place where the door

used to be. I would then need to install a staircase across the rear

passage and onto the garden, this may restrict the light into the lower

ground floor flat slightly.



So assuming that makes sense, would i need planning permission for the

work and would the neihgbour have any legal protection to stop me from

doing the work?

This is assuming that i will have a share of the freehold of the flat

which at present i would not have.



Any advice appreciated.



Rob









--

Robin Foster

Bearing in mind that property boundaries typically operate in a linear fashion, who's land do you cross with your proposed staircase? Right to "light" isn't really an issue, but if you have to cross land belonging to either the ground floor flat or some other party you might have difficulties in getting their consents.

Matt

On 15/04/2013 14:03, Robin Foster wrote:
Hi,

I'm buying a raised ground floor flat (1 of 4 in a vctorian conversion)
at present and am looking at improvement works that would add value.

At present although the flat comes with half of the rear garden the only
access is via the main front door, so you have to walk all the way
around the building. The other half of the garden is owned by the lower
ground floor flat who have direct access from a small patio at the same
level as their flat, this leads up stairs to the main garden which is at
a level between the 2 flats.

What i would like to do, and am unsure of what permissions i would need,
is to reopen an old rear access from the flat i am buying which has been
partially bricked up and a window installed in the place where the door
used to be. I would then need to install a staircase across the rear
passage and onto the garden, this may restrict the light into the lower
ground floor flat slightly.

So assuming that makes sense, would i need planning permission for the
work and would the neihgbour have any legal protection to stop me from
doing the work?
This is assuming that i will have a share of the freehold of the flat
which at present i would not have.

Any advice appreciated.

It sounds as though that would require a flying freehold. If you want to
see a solicitor look at you with horror, mention a flying freehold. They
(flying freeholds, not solicitors) are considered to be a defect of
title and are really not recommended.

Colin Bignell

On 15/04/13 14:03, Robin Foster wrote:
Hi,

I'm buying a raised ground floor flat (1 of 4 in a vctorian conversion)
at present and am looking at improvement works that would add value.

At present although the flat comes with half of the rear garden the only
access is via the main front door, so you have to walk all the way
around the building. The other half of the garden is owned by the lower
ground floor flat who have direct access from a small patio at the same
level as their flat, this leads up stairs to the main garden which is at
a level between the 2 flats.

What i would like to do, and am unsure of what permissions i would need,
is to reopen an old rear access from the flat i am buying which has been
partially bricked up and a window installed in the place where the door
used to be. I would then need to install a staircase across the rear
passage and onto the garden, this may restrict the light into the lower
ground floor flat slightly.

So assuming that makes sense, would i need planning permission for the
work and would the neihgbour have any legal protection to stop me from
doing the work?
This is assuming that i will have a share of the freehold of the flat
which at present i would not have.



Even if you have a share of the freehold that does not give you any
additional rights regarding your leasehold. So the terms of the lease
are what you need to look at first. To do what you want will probably
require permission from the freeholder. Which you will have influence
over if you have a share of the freehold, but that does not mean you can
unilaterally give yourself permission.


--
djc