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  • Refurbish/Develop

    Consent to works - issues!

    Hi All,

    Wonder if anyone has had any experience with the below?

    - 3 Share oh Freeholders (one being me)

    - I'm looking to do structural works, that require planning permission

    - One freeholder won't sign my consent to works

    - Lease says no freeholder can unreasonably refuse

    But practically, she won't sign! What do I do?

    Appreciate the help!

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    Hello jnm008


    Just to comment on the technical issue of joint freeholders consent. This is not necessary for planning consent..

    All you need do is notify the joint freeholder in writing (try to arrange to have evidence of having served notice).

    The planning consent form usually asks for just for confirmation that the property owners (the subject of the application) have been advised in writing of your application.

    Regards

    Derek Crane

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    Thanks but once I have planning permission and S106 issued I was of the belief I would then need other freeholders permission before I start work?

    This is the bit that is worrying me as one just won't agree.

    James

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    Have you spoken with a Party Wall Surveyor on this? If the works are notifiable under the PW Act, you are home and dry. The Act was written to stop stroppy neighbours scuppering the development plans of building owners. Serve notices, appoint surveyors if she doesn't consent or respond, issue an Award and there you have your consent. This is of course an very simplified version of likely events, but worth a punt.

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    A neigbour's lack of response to a Party Wall notification constitutes a dispute and works can't proceed until this has been resolved.

    https://www.gov.uk/party-walls-building-...neighbours

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    http://www.smartbuild.uk.com | Consulting Structural Engineer

    That's my worry! All flats on either side and above me have been inspected but this one neighbour won't allow for it.


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    The neighbour can't prevent you doing the work. They can request that you each have independent party wall surveyors, both of which you pay for.

    You probably already have this .gov guidance document but it outlines the process and dispute process (see Part 2.12)

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    http://www.smartbuild.uk.com | Consulting Structural Engineer