Neighbour enclosing flat in scaffolding.

[glondon]

Hi All.

We have a neighbour above us who has recently purchased the apartment upstairs. They have decided to add more living accommodation by building an extension onto their balcony/terrace. The building is on the corner of two streets and both our apartments are on the corner of the building facing the apex of the streets. Our natural light comes from windows along these two edges and our apartment has balconies on both of these.

One of our balconies is rather large an makes up a significant portion of our enjoyment of the property with a garden we tend every day and seating / BBQ area and a dining area. Both balconies have an uninterrupted view of the sky for their entire surface area.

Contrary to mass mailing (non addressed) communication by the resident they wish to erect scaffolding around both sides of the building for the next 8 months. They mentioned all access previously would be done using cranes (bad enough, but at least temporary).

A notice has been posted in the building lobby indicating that over the next 4 weeks scaffolding will be erected up both sides of the building to give them exterior stair access to the different areas of their property.
This will necessarily block almost all light to our apartment, enclose/roof completely one balcony and a great extent of the other. Note that the entire exterior facing walls of the property (except for pillars) are large glass doors, meaning during the building work we will have no privacy.

Given the legal requirement to cover all scaffolding for safety once erected, we will lose almost all natural light for the duration of the summer & ability to enjoy our balconies.

When the planning application was made I said I had no issue with the building changes just the methods by which they will be carried out and their impact on us.

I am wondering what my options are in this situation. We had been considering selling our apartment for other reasons, but this will now be impossible during the building works. (expected to last 10+ months).

We own the property as a leasehold (900+ years remaining).

- Does oversail apply in this situation?

- Given the work is not necessary (e.g. leaking roof) but solely to improve the value of the property, I feel an injunction is a realistic option

I have been on good terms with this neighbour till this point. I have reached out to him but he has not responded to my emails and they are not living in the property I believe.

Also they wish to remove a supporting pillar from their property that borders on our apartment below and our neighbours beside us. We have not been asked to consent to anything.

Your views are appreciated.

[Crazy council]

Re: Neighbour enclosing flat in scaffolding.

Hi, were there any covenants within you leasehold for the land, sometimes within blocks of apartments, they have conditions with he lease to allow some provisions of work without consent, just notification. Its worth digging though your lease first to see were your starting position is and what you can or can-not do without prior consent.

[dan_1207]

Re: Neighbour enclosing flat in scaffolding.

If the proposed works (or the cause thereof) block your light, then they're likely going to breach a covenant which is nearly always in leases these days. To properly advise, it would be useful to see a copy of your lease (I would presume the terms are identical to the lease of the apartment above you.)

If it can be proven that the covenant in your lease will likely be breached, then you are able to take action. This is likely to be expensive and time consuming, so it depends how seriously you want to take this.

Is it just two leasehold apartments within the building? Who is the landlord, and who are the parties to the lease?

[glondon]

Re: Neighbour enclosing flat in scaffolding.

If the proposed works (or the cause thereof) block your light, then they're likely going to breach a covenant which is nearly always in leases these days. To properly advise, it would be useful to see a copy of your lease (I would presume the terms are identical to the lease of the apartment above you.)

If it can be proven that the covenant in your lease will likely be breached, then you are able to take action. This is likely to be expensive and time consuming, so it depends how seriously you want to take this.

Is it just two leasehold apartments within the building? Who is the landlord, and who are the parties to the lease?

Thanks. I'd rather do nothing, but having our entire apartment rendered unliveable for 9 months is not acceptable.

The entire building is leashold to the same holder.

I have just checked our leashold, of which i have a pdf:

1. The land has the benefit of the following rights reserved by the
   Transfer dated 2 July 1970 referred to in the Charges Register:-
   "There shall be excepted and reserved hereout to the Vendor and its
   successors in title in fee simple as incidental to the ownership of the
   Vendor's adjoining property (and each and every part thereof) shown
   edged yellow on the said plan the right at any time to erect or suffer
   to be erected any buildings or other erections and to alter any
   buildings or other erections now standing or hereafter to be erected on
   any part of the said adjoining property in such a manner as to obstruct
   or interfere with the passage of light and air to any building which is
   or may be erected upon any part of the property hereby transferred."
   
2. 1. "The Purchaser and its successors in title shall have the right in fee
      simple for the benefit of each and every part of the property hereby
      transferred at any time to erect or suffer to be erected any buildings
      or other erections and to alter any buildings or other erections now
      standing or hereafter to be erected thereon in such a manner as to
      obstruct or interfere with the passage of light or air to any building
      which is or may be erected upon any part of any adjo
      
   
   
   
   

[stevemLS]

Re: Neighbour enclosing flat in scaffolding.

You MAY be able to obtain an injunction.

You will also gain an enemy for life in your neighbour.

Can you not speak to them and see whether the work can be done in a different way so as to minimise inconvenience to you - 8 months seems a terribly long time?

[Crazy council]

Re: Neighbour enclosing flat in scaffolding.

I would also have a look at

1. your insurance policy's,
2. your block policy ( you may have to enquire with the lease for that. )
3. The plans ( specifically if there will be a structural part changed ) and the name of the architect that signed off
4. the council scaffold licence application ( i think )

If the owners who are having th work done are not responding to you, make sure you cover yourself just in case.

[glondon]

Re: Neighbour enclosing flat in scaffolding.

You MAY be able to obtain an injunction.

You will also gain an enemy for life in your neighbour.

Can you not speak to them and see whether the work can be done in a different way so as to minimise inconvenience to you - 8 months seems a terribly long time?

Thanks, yes 8 months is the length of time the scaffolding will be in place. The actual project is much longer. And yes major structural work is being done, changing the aspect of the building; but i have no issue with that.

Previously we were given assurances that the internal lift wouldn't be used for building work as a crane would be employed as the sole means of conveyance of materials and detritus to/from the site.

Clearly this has changed and has not been communicated until work started.

I've sent him emails to discuss this, we had previously been on good terms (to my knowledge still are) and I'll give another 48 hours for a response. I've even let his architect into my apartment to take pictures. His surveyor didn't turn up. The architect initimated to me they weren't sure the column that would bare the load of hte one they are removing would support the weight, and that was to be determined.

I really don't see what option I have here.

The other poster mentioned insurance, that's a good point.

Also if he is making structural changes affecting a party wall and has not notified anyone of the parties, is he breaking the law?

[stevemLS]

Re: Neighbour enclosing flat in scaffolding.

You certainly sound as though you are acting reasonably.

Yes, people with a party wall have various rights to do work to it, they are supposed to serve notice that they are going to exercise one of those rights The Party Wall etc Act 1996 deals with it - http://www.legislation.gov.uk/ukpga/1996/40/contents

Afraid I don't have any other suggestions, sorry.

[glondon]

Re: Neighbour enclosing flat in scaffolding.

Thanks Steve.

[Crazy council]

Re: Neighbour enclosing flat in scaffolding.

Hi

Some council post the plans and all documents on-line, you may be able to see any updates to the plans on there. I would have a browse across all the insurance policy's involved, find out who carrys the can if there are any faults in the future, or damage during the work.

I was a property manager for many years ( up to 2003 ), make sure your insurance co, fully know what's going on. in fact, check your policy to ensure you arnt supposed to notify them.

Its not about causing them trouble or delays, it about making sure you dont end up with more long term problems that are hard to sort out.

Apart from that, councils do tend to be faily good at making sure large development or structural works around the public are done properly. A good look at the plans may be a good starting place

[dan_1207]

Re: Neighbour enclosing flat in scaffolding.

Ultimately, a legal right is expensive to enforce and, as Steve says, nearly always comes across as adversarial in nature; that's just how it is.

Odd that that section of your lease refers to "fee simple" which is typically freehold properties, its formal name being "fee simple absolute in possession", rather than a leasehold which is "term of years absolute". What section of the lease does that extract come from? It's likely that it relates to the freeholder's rights (which would make far more sense) than the leaseholder/s rights. Would you let us know under which part/section it is in?

As I say, there will be a clause which gives you a right to uninterrupted light. In an ideal world, that right is protected by grant, but a right to light is so common that a contractual provision ("it says so in my lease") is fine.