Building and Community rules

[garysl]

A question for those that are legally in the know. Is there a law of precedence on communities?

If, for instance, one property had an extension approved, some years ago, and another owner wished to do substantially the same thing, on the same community, would there be a general rule that it would be approved due to precedence? I'll be asking for proper legal advice, but I was just wondering if anyone had any experience of this.

[Beesknees]

http://www.fljordan.com/index-2.html

Try following the link above this may help you with your question section 7 may hold the answer you are looking for

[garysl]

Thank you very much. Very helpful.

[polop]

In general if a property has already been altered and received community approval then you should be almost certain to receive approval for a identical proposal, but I believe you would still need community permission.

[garysl]

but I believe you would still need community permission

And that's the issue. Can the community withhold permission for works, that are substantially the same as works, that have previously been permitted?

[polop]

Yes they can, but legally they must have a valid reason or the community President can be taken to court to give the reason. As I say if basically same don't see any problem, providing you have all the plans,town hall licences etc in place.

[garysl]

Yes they can, but legally they must have a valid reason or the community President can be taken to court to give the reason. As I say if basically same don't see any problem, providing you have all the plans,town hall licences etc in place.

What if your extension overlooks the presidents house, but the other one didn't?

[polop]

I think it depends wether President or not, how much it is overlooked, most owners would not like to suddenly be overlooked. But again depends on other owners not just the President, and as before he has to go by community rules.

[Carolg]

Put yourself forward for president at the next agm

[Ron Hill]

I’ve been President of my community for the last 4 yrs historically the community would approve works if they had all the necessary permission from the town hall, which is a bit of a cop out really in my opinion, but it does keep a certain level of control. The real problem starts when people carry out what work without any permission Raising boundary walls for example. People should also realise the INTERNAL work also needs permission depending on the circumstances. Doing work without the authorisation can affect the price if you come to sell the property later