A homeowner who bought part of a seventeenth-century farmhouse and discovered a front-facing bedroom window bricked up has been advised that reopening it will depend on who owns the external wall and on legal consents.
The reader, who wrote to the Daily Mail’s Money advice column, said her main bedroom has two front-facing windows but one has been permanently sealed with brickwork since she bought the house. The interior room overlaps the adjoining property so that, from the outside, the sealed window appears to belong to the neighbour. Jane Denton of This is Money responded, noting that this arrangement is commonly known as a flying freehold and that many windows were historically bricked up to avoid the window tax.
A flying freehold exists where a part of one property extends over or under another property so that boundaries and ownership are not coterminous in the usual way. In such cases, who may alter an external wall, or reopen an opening in it, is generally governed by the deeds and title documents registered with the Land Registry. If the external wall and its elevation belong to the neighbour, making an opening in that wall is likely to require their agreement.
Legal and practical permissions can include a written licence from the neighbour, a variation to the title or an easement, and in some circumstances a party wall agreement. In England and Wales, work affecting a common or adjoining wall can fall within the Party Wall etc. Act 1996, which sets out a process for notice, surveying, and, if necessary, an award. Separately, building regulations approval is usually required for creating a window opening because of structural, insulation and fire-safety issues.
If the property is listed or lies in a conservation area — a realistic possibility for a seventeenth-century farmhouse — planning permission may also be needed. Historic or protected status can restrict changes to external appearances, and local planning authorities often require specialist statements and materials to match existing fabric. Jane Denton warned readers to check for those constraints when considering alterations to older buildings.
Practically, reopening a bricked window involves structural assessments to confirm the wall can be opened safely and to specify lintels or other works. Contractors experienced with older masonry and conservation techniques are usually recommended. Homeowners should also check for restrictive covenants recorded against the title that might bar external openings or require specific aesthetic treatments.
Experts and advisers quoted in the original column urged people in similar situations to begin by examining the property’s title deeds or the Land Registry entry to establish ownership of the elevation and any rights or restrictions. If the exterior belongs to a neighbour, solicitors typically negotiate a licence or deed of variation to permit a physical change. In disputed cases, a party wall surveyor or specialist property lawyer can advise on rights, liabilities and likely costs.
The practice of sealing or reducing windows has a long history in Britain. The window tax — levied in various forms from the late 17th century until the mid-19th century — prompted some owners to brick up openings to reduce tax bills, and examples of bricked windows still survive on historic houses. While reopening a window may restore light and revive historic proportions internally, it can also raise legal, structural and planning issues that require careful handling.
Homeowners contemplating similar work are advised to gather the title documents, check whether the property is listed or in a conservation area, consult a chartered structural engineer or surveyor, and obtain legal advice before approaching neighbours. Where permissions and agreements are needed, these should be secured in writing before demolition of any brickwork or making openings, to avoid potential disputes or claims for damages.
The Daily Mail Money column that prompted the question offered general guidance; solicitors and surveyors should be consulted for definitive legal and technical advice tailored to an individual property and its records.