Building an unwanted extension on a jointly owned property

[naomi24]

This question is connected to my last. My friend’s husband has applied for planning permission (which he will get) to build a large extension that she doesn’t want on their jointly owned property. Is there any way she can stop him doing it?

[boxtops]

If the property is jointly owned, don't they both have to put their names on the application paperwork?

[cassa333]

Does she live there or are they seperated?

Either way if he is paying for it then I don't see how she can stop it. Other than being difficult of course.

[naomi24]

Yes, it is Boxtops - and apparently not. The application for planning permission is with the planning department at the local council as we speak.

[naomi24]

Cassa, Yes, she lives there. They have an unhappy marriage, but they aren't separated. Being difficult hasn't helped. He doesn't care what she wants - he's going ahead with it.

[boxtops]

Is he paying for it? if so, why does she object?

[cassa333]

Is he going to be frittering away money she may be entitled to when they seperate and divorce?

[naomi24]

Boxy, Yes, he's paying for it. The reasons she doesn't want it are too complex to go into here.

[daffy654]

She needs to make an official objection to the extension to the planning department explaining her reasons.

[jackthehat]

She needs to contact the Planning Department asap, and explain that she is joint-householder and does not want this application to proceed to determination. They will probably ask her to put it in writing, and may ask her husband to confirm his entitlement to make such an application.

I am sure that the Planners will not want to become embroiled in a situation whereby they may become entangled in a lengthy and convoluted process.

They have targets to reach and boxes to tick and are mindful of falling foul of these scheduled 'targets'. They 'ought' to request that the application is withdrawn until all the wrinkles have been ironed out.

But your friend might be advised to seek the opinion of a Planning Consultant to ensure that she is clear of her own position.

[naomi24]

Cassa, there's no question of divorce.

Daffy, good idea. I'll mention it to her but I think she'd be scared to do that. I was rather hoping that there was some sort of rule where both parties have to agree before the work is carried out.

[naomi24]

Thanks Jack. The more I think about it, that seems to be her only option. The problem is, he is so obnoxious towards her. She tries to keep the peace as best she can, but he's a real control freak. It's so difficult for her.

[tonywiltshire]

An unusual and difficult position, your friend can raise a written objection to the project with the local authority, who will be duty bound to consider it, if it is within time, though the LA will probably be totally confused. It will not though improve your friend’s relationship with her husband.

In your earlier post barmaid correctly explains the two types of beneficial ownership and explains that regardless of the terms in the will if the property is owned as joint tenants it will pass to the other but if owned as tenants in common it can be left in the will to another person. The husband seems to believe that as JT he can leave his part of the property to another but will soon be informed this is not possible. To become TIC is very simple all that is required to sever JT is that notice is served. This may assist your friend but again will not endear her to her husband.

[naomi24]

Tony, //It will not though improve your friend’s relationship with her husband. //

That's the problem. He will make her life even more of a hell. I've just spoken to her and told her what's been said here.

Many thanks for all your help, everyone.

[bushbaby_de]

If the husband made the planning application in his name only, he is legally obliged to serve notice on any other owners of the property. If he has not done this, the application is not validly made and should not be entertained. However all he has to do is resubmit and serve notice and there's nothing the other owner can do to stop the application. I would suggest your friend see a solicitor regarding whether the husband can unilaterally carry out works on the jointly owned home though.