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Yes, should have been clearer that these are two separate points.
The window/balcony chat is an annoyance. Not unhappy if he wants to move/alter windows but would be furious if he puts in a balcony. Therefore want to ensure that he has planning permission before doing either because he will not get planning on an overhanging balcony, overlooking gardens in Hackney on a row of terraced houses where there are no immediate precedents.
Issue 2 is that works appear to the layman to have commenced without any acceptance from the freeholders or a PW award. The area I’m unsure of is whether he’s able to do all of the other work, including the removal of a non-structural wall before this is awarded, or are the works in question only the structural element?
LukeG-
Do you have a leaseholder application process detailed in the building freehold? If so, what are the particulars of this?
Ultimately, you need to establish what works are taking place now, and what the statutory processes are for these works. Freehold agreement particulars excluding, could your neighbour just be doing internal works that don't require a party wall award?
Again freehold agreement particulars excluding, it is worth noting that your neighbour can do non-notifiable works without the party wall award in place. Maybe your neighbour's contractor is just trying to get ahead of the works thinking the award will come through during this period. Pretty brazen, and the party wall process can be pretty drawn-out information/neighbours/surveyors depending.
Communication is obviously key and clearly, your neighbour is lacking in this. It is worth teaming up with the other leaseholders/properties to help apply pressure on your neighbour/contractor to establish the current works and future works programme.
For reference, Permitted Development rights do not apply to flats, so any external works (moving windows etc.) will need planning permission which clearly has not been approved as yet.
EstelleGetty
if the windows aren't moving or a balcony poking out, no planning permission is required.
But structural works need to be accepted by the freeholder, in your case, the other sharers.