Reinstalling a rear external staircase

[Robin Foster]

Hi,

I'm buying a raised ground floor flat (1 of 4 in a vctorian conversion) at present and am looking at improvement works that would add value.

At present although the flat comes with half of the rear garden the only access is via the main front door, so you have to walk all the way around the building. The other half of the garden is owned by the lower ground floor flat who have direct access from a small patio at the same level as their flat, this leads up stairs to the main garden which is at a level between the 2 flats.

What i would like to do, and am unsure of what permissions i would need, is to reopen an old rear access from the flat i am buying which has been partially bricked up and a window installed in the place where the door used to be. I would then need to install a staircase across the rear passage and onto the garden, this may restrict the light into the lower ground floor flat slightly.

So assuming that makes sense, would i need planning permission for the work and would the neihgbour have any legal protection to stop me from doing the work?

This is assuming that i will have a share of the freehold of the flat which at present i would not have.

Any advice appreciated.

Rob

[harry]

I think the best thing is to talk to your neighbour about this first. You might be able to claim you need it as a fire escape.

[larkim]

Bearing in mind that property boundaries typically operate in a linear fash ion, who's land do you cross with your proposed staircase? Right to "light " isn't really an issue, but if you have to cross land belonging to either the ground floor flat or some other party you might have difficulties in ge tting their consents.

Matt

[Nightjar]

It sounds as though that would require a flying freehold. If you want to see a solicitor look at you with horror, mention a flying freehold. They (flying freeholds, not solicitors) are considered to be a defect of title and are really not recommended.

Colin Bignell

[djc]

Even if you have a share of the freehold that does not give you any additional rights regarding your leasehold. So the terms of the lease are what you need to look at first. To do what you want will probably require permission from the freeholder. Which you will have influence over if you have a share of the freehold, but that does not mean you can unilaterally give yourself permission.