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Help - my leasehold flat is being built on top of...

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DannyK | 12:56 Thu 13th Jul 2006 | Home & Garden
4 Answers
Hi there,
I currently have a 2 bed flat on a leasehold. I have just had a letter through the door from some architechs to say that they have applied for planning permission to build another flat on top of mins. Our flats are only on 2 floors, thus making my top floor flat a middle floor flat.
I have spoken to my other neighbours and thay are just as suprised as I am. I know we will have to oppose the plans when the time comes - but are there any laws to protect homeowners such as myself against this type of thing? I bought the flat 7 years ago and the lease has only got about 70 odd years left on it. Someone just sold and had to pay �15k to renew the lease! The council have not yet received the plans, but I can't sell up either as by the time I do I will have to pay for the lease to be extended, and I should imagine that the plans will stop any potential buyer from going ahead.
I just can't believe that they will be able to do this to us. Where will I live while they do the work - I wouldn't be able to live in my flat as my water supply and tanks are up in the loft! I'm worried sick so any help and advise will be very much appreciated.


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You could start by contacting this organisation. The advice is free; the org is Government-funded.
You and the other tennants should object as strongly as you can. Adding stories to an existing block is unusual and will attract a lot of attention from the planning authority.
What about getting a local paper to do a story on the ridiculous plans?
There are 2 issues here as follows
1) Anyone can apply for planning you do not even have to own or have an interest in the building. When the planning application goes in the palnners will only look at it on planning grounds.
2) You have a lease and the lease will set out clearly what can and can not be done.

If I were you I would find out who has drawn up the plans, possiably the freeholder, and ask them what they intend doing.
I will also speak with the other leaseholders, and agree to jointly fund some detailed advice from a solicitor.
You might find that you are able to share in some of the profit if you consent is required before development can take place

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