The development of basements and penthouses, particularly in Chandigarh, has become a popular trend but the same has also led to rising tension between the developer and adjoining property owners and occupiers. The legal issues that may crop up include party wall issues, restrictive covenants, private nuisance, rights of light, as well as leasehold and other contractual issues. Planning permission may be required. If that is the case planning law might also be an issue.
It is the developer’s responsibility to anticipate problems that might arise and try to address them; for example recognising that development might affect a neighbour’s right to light. Adjoining owners would be considering the other side of the coin. They would be concerned about their rights and their objectives, which may even include trying to stop a development.
Party wall issues often arise, particularly when it comes to extensions, and when a development is underway dust, noise, and disturbance may amount to an actionable nuisance. A developer must keep all the above issues in mind if he wants the development to proceed without any hassles.
We provide advice to both developers and adjoining owners and occupiers regarding their rights and obligations; and represent them in negotiations and litigation, if any. In case of a developer proceeding with building works in breach of a covenant or obligation, e.g. a restrictive covenant or a right to light, one of the adjoining owners can resort to an injunction. Whether you are an adjoining owner who wants to obtain an injunction or a developer willing to manage the risk of being restrained by an injunction, we can advise you according to your requirement, including advice on strategy, procedure, risk and cost.