Grampa Posted September 21, 2018 Report Share Posted September 21, 2018 I have a ground floor flat on a 12 unit purpose built block of flats. The FH only charge for the insurance and dont have any involvement with maintenance so if say any garage roofs need repairing or weeding the individuals do it themselves. I am going to go for a Right to manage at a later date. However my GF flat is on the corner and the only one that has a large triangular patio (on the lease). It has a 4' foot white picket fence on the side facing the road and public path with access path for residents on the other side. However the old lady who previously owned the flat never did anything with it so on the face of it, it just looks like part of the communal grounds. The picket fence needs replacing and it is very unlikely I could get the other owners to contribute so I am planning to replace at my cost with closeboard fencing, on the side that faces the road. The cost is £1200 . This will make it more private. Am I missing something and would the other owners have a valid objection to it. Cant find anything in the lease to counter it but as it effects the look frontage of the block am I digging a hole for myself? My long term plan is to fence off the other side which runs parallel which the access path for the residents at a later date to make purely a private area for my flat. note: There is no other white picket fencing on the block Link to comment Share on other sites More sharing options...
Richlist Posted September 21, 2018 Report Share Posted September 21, 2018 I think if i were in your shoes I'd do the following... * It's not clear if the picket fence is part of the leasehold of your flat or part of the building freehold. * If it's part of your flat then it's yours. You can replace it subject to lease restrictions and local council requirements......but I would check both. *If it's not part of your flat then you will need the freeholders permission to remove and replace. Subject to that answer you should send a note to the other owners residents telling them that the picket fence is falling down/ needs replacing at an estimated cost of (?). Advise them you are willing to replace it with a close boarded fence at no cost to them. Ask them if there are any objections. * You may need to accept ownership of the fence and pay any future maintenance costs OR ownership may fall to the freeholder. * Depending of the fence ownership the land certificate may need to be change to reflect ownership or there might be issues when sold. Unfortunately these things are rarely straightforward and if not done properly can lead to issues and delays when you try to well the property. Link to comment Share on other sites More sharing options...
Grampa Posted September 21, 2018 Author Report Share Posted September 21, 2018 I think (but will double check) that picket fence would be the FH responsibility but they wont be interested. My major concern is the council and whether they can dictate the height and type of replacement fence on private ground and if they dont like it order it removed. It would be only be 6" higher but solid not a picket. I guess I will have to try and have a conversation with the council. Link to comment Share on other sites More sharing options...
Grampa Posted September 21, 2018 Author Report Share Posted September 21, 2018 Well it appears there is a council angle to consider after speaking to them. If the replacement fence is no higher than 1 meter I can erect whatever I want from the councils perspective. The current picket fence is at least 4 foot high ground ground level but definitely higher than a meter. However if I were to repair a few posts & pickets etc that also is ok. But if I want to take take down the current one and replace with a new one, higher than 1 meter I either have to apply for a certificate of lawfulness or full planning application. So I then have to consider whether to use a planning consultant to complete the paperwork at an extra cost. Can of worms methinks and that is without looking at the leasehold and other owners angle. Link to comment Share on other sites More sharing options...
Richlist Posted September 21, 2018 Report Share Posted September 21, 2018 Would the council object to you leaving the existing picket fence in place and installing another fence (say 2 metres high) inside your land boundary ? Normally they don't get a say on any structures on your land of its under 3metres high. For example.....what's the position of you want to construct a shed on the land......that's likely to be at least 2 metres high. I think you probably need to have another discussion with them. Link to comment Share on other sites More sharing options...
Grampa Posted September 21, 2018 Author Report Share Posted September 21, 2018 Ah and what if at a later date the old picket fence collapses and has to be disposed of. I like your thinking RL. Nothing like thinking outside the box. I think your right another call to the council is in order. Link to comment Share on other sites More sharing options...
bil8999 Posted September 22, 2018 Report Share Posted September 22, 2018 HI How many years has the fence been erected, I think its 10 years for lawfulness of use. Apply for lawfulness of use, they have to give it to you , you don't need planning consultant, forms are straight forward, you could as RL has said build inside your own boundary, but there may be a minimum distance in from the boundary, think it is 2m, this would reduce your amenity space, this would give you a physical boundary and legal boundary. Link to comment Share on other sites More sharing options...
Grampa Posted September 23, 2018 Author Report Share Posted September 23, 2018 Thanks for that bil8999 but I am guessing the lawfulness angle only covers for a like or like or same height?? Link to comment Share on other sites More sharing options...
bil8999 Posted September 24, 2018 Report Share Posted September 24, 2018 Yes, but its a starting point, then you can add onto it up to the height you require, say,by using artificial box hedge. Yes you would require planning , but if its worth it in the end. Just a thought Link to comment Share on other sites More sharing options...
Richlist Posted September 24, 2018 Report Share Posted September 24, 2018 There are some plants that if you buy just one of two.....and they die.....it's not the end of the world. Box is a plant that falls into that category. But if you are planting a large number of box in order to form a hedge that's a considerable investment. Currently box is suffering nationally with 'box blight' and in my opinion not worth risking the financial outlay. There are other hedging plants available that are less risk. Link to comment Share on other sites More sharing options...
Grampa Posted September 25, 2018 Author Report Share Posted September 25, 2018 It is a angle but not only does it come with the outlay it will also have the on-going cost of maintenance? Link to comment Share on other sites More sharing options...
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