Problem with Freeholder

[josswallace]

Currently I live in one of 4 flats above a high street bank and our bathing water is provided from tanks that were accessible from a trap door on the top floor into the loft. The freeholder has applied for and received planning permission for a penthouse flat, (Flat 5), on the roof which is now nearing completion. As a result of this development access to the water tanks has now been denied to flats 1-4 as the entrance to the tanks is now behind the locked entry door to flat 5, which does not use them. Flats 1 and 2 depend on water from these tanks and all 4 flats are directly in line should any burst/leakage occur in the tank room.

I have spoken to Building Regulations at Camden but they have informed me that they can not do anything. They have advised me that right of access can not be denied by the freeholder and have advised me that I should write to both the police and the fire departments notifying them of the situation should right of access be required in an emergency, as clearly with a high street bank underneath, a break in would be necessary for a burst pipe say, if the owner was not in residence.

I have inquired if there is any way this situation can be recorded at Land Registry so that a potential purchaser of the new flat 5 would be aware of this situation on purchase, but any advice/guidance on how we might resolve this situation would be appreciated.

Ian Wallace

 

[Ohiogal]

Currently I live in one of 4 flats above a high street bank and our bathing water is provided from tanks that were accessible from a trap door on the top floor into the loft. The freeholder has applied for and received planning permission for a penthouse flat, (Flat 5), on the roof which is now nearing completion. As a result of this development access to the water tanks has now been denied to flats 1-4 as the entrance to the tanks is now behind the locked entry door to flat 5, which does not use them. Flats 1 and 2 depend on water from these tanks and all 4 flats are directly in line should any burst/leakage occur in the tank room.

I have spoken to Building Regulations at Camden but they have informed me that they can not do anything. They have advised me that right of access can not be denied by the freeholder and have advised me that I should write to both the police and the fire departments notifying them of the situation should right of access be required in an emergency, as clearly with a high street bank underneath, a break in would be necessary for a burst pipe say, if the owner was not in residence.

I have inquired if there is any way this situation can be recorded at Land Registry so that a potential purchaser of the new flat 5 would be aware of this situation on purchase, but any advice/guidance on how we might resolve this situation would be appreciated.

Ian Wallace

You are not in the US so this forum is not for you. Hence the first question asked -- what is the name of your state?