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Neighbour building extended sun house

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  • Neighbour building extended sun house

    Hi everyone

    Long time lurker, but I just have a question which I thought was best to be asked here.

    Our family home is a flat that is on a cross-lease property.

    This week is has come to our attention that the adjoining flat on this property is looking to build an external structure. It looks to be a sun room, with very high piles having already been planted in the ground. They seem to be extending an existing concrete deck as well, as part of the floor of the sun room. (Probably installing a floor over the top and beyond the deck).

    This will have profound adverse consequences on our flat. It will almost certainly block nearly all sunlight to the main bedroom, bathroom and most likely another room. In addition, there will be serious noise issues as the deck is already very close to our main bedroom.

    Does anyone know is this is legal? Does this count as extending the external walls or the like?

  • #2
    As it's a cross-lease, you have to give permission for them to build anything as technically, you half-own their house.
    However, often councils stamp consents without checking this stuff.
    My first port of call would be to Citizens' Advice to get the finer points. Once you are clear in your rights, approach your neighbours. Be prepared to engage a lawyer at some point.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

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    • #3
      I would get a copy of your lease, find the clauses that are relevant to alterations and engage a lawyer.

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      • #4
        They cannot do it without your written permission. Generally the way a cross lease is written they can't do anything internally either without consent. There is an arbitration process, costs around 6K to get the work stopped. Of course if the work does not genuinely affect you adversely you could spend 6K and lose.

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        • #5
          You jointly own the land and building an external structure on neighbor’s unit is limited by the lease document.

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