Basement and Penthouse Extensions
The development of basements and penthouses, particularly in
London, has become increasingly popular but it can cause tension
between the developer and adjoining property owners and occupiers.
The legal issues that may be involved include restrictive
covenants, party wall issues, rights of light, private nuisance as
well as leasehold and other contractual issues. Planning permission
may be required. If so planning law may also be an issue.
The developer will need to anticipate problems that might arise
and try to address them; for instance recognising that a
neighbour's right to light would be affected by development.
Adjoining owners would be looking at the other side of the coin.
They would be considering their rights and their objectives, which
may include trying to stop a development.
Party wall issues often arise, particularly in relation to
extensions, and when a development is underway noise, dust and
disturbance may amount to an actionable nuisance. If a development
is to proceed smoothly a developer has to be mindful of all the
We advise both developers and adjoining owners and occupiers on
their rights and obligations; and represent them in negotiations
and in any litigation. If a developer proceeds with building works
in breach of a covenant or obligation, eg. a restrictive covenant
or a right to light, one of the adjoining owner's most powerful
remedies is an injunction. Whether you are a developer who wants to
manage the risk of being restrained by an injunction or an
adjoining owner who want to obtain an injunction, we can provide
you with the advice you need, including advice on strategy,
procedure, risk and cost.