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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3846
Experience:  Solicitors 2 years plus PQE
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Dear Sirs, We have just bought a house and see the next

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Dear Sirs,

We have just bought a house and see the next door property has just been advertised for sale with the line 'Planning Permission for Further Accommodation'. Checking it out they have planning permission to build another story (joining our freehold property) and a first floor balcony (where the struts for the balcony would need to be built on our land). The Council tell me planning permission is separate from the right to build on our land or join to our house and is a civil matter before building can commence. The set up is that we have a three story town house and we are connected to another three story town house by means of a 1st story coach house/flat built over our garages and a middle drive through arch to our parking and garage entrances See Walson way property. Can they build a second story to the coach house and the balcony as they have planning permission for without our consent? Thanks, Tony

Hi, Thank you for your question and welcome. My name is XXXXX XXXXX I will assist you. The council are correct, Planning Permission is only Permission to build the structure within the area. Planning Permission does not account for specific interests and at the same time does not grant rights over your property. If the structure sits on your land then they would need an easement or some other right that you would have to grant them. If the structure is being connected to a shared wall this would be covered by the the Party Wall Act and they would have to enter into a party wall agreement with you. I look forward to hearing from you. So no they could not just build it without recognising your right to your land.

Kind regards AJ

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