Licence for Alterations for Apartment
Contents |
[edit] Do I need a Licence for Alterations?
As an apartment/flat owner, you have likely heard of a Deed of Variation. We find many property owners are confused about the difference between this Deed and a Licence for Alterations for an apartment. They are actually part of the same process. Getting a Deed of Variation and Licence for Alterations for an apartment both are same.
Even though you purchased the apartment and have a long leasehold interest, meaning you own the property, you will be bound by the lease terms, both from a legal perspective and contractually, your ownership of the lease will expire and revert to the Freeholder upon the expiration of your lease. This means you cannot undertake property changes as a Leaseholder prior to obtaining consent from your Freeholder.
[edit] What If I don’t have a licence for alterations?
“What happens if you didn’t realise that you required the permission of your freeholder prior to making changes?”
If you are a tenant with a particularly long lease, it is unlikely the landlord would claim a fundamental breach of contract in an attempt to terminate your contract. Over the years, a frequent outcome is the courts awarding damages to the landlord, these large costs are best avoided, the simple way to avoid this is ensuring you have a licence to alter in place.
A common issue that arises, when the leaseholder puts the property on the market is that during the conveyancing, a missing licence to alter will be flagged, as a leaseholder, you have two options, seek a retrospective licence to alter or provide indemnity insurance to the buyer. On rare occasions, the freeholder could inform your mortgage provider, which can cause issues.
[edit] Types of changes likely require a licence to alter
Anything that changes the fundamental structure of the property or affects service provisions usually requires a licence to alter.
The most common are:
- Changing windows
- Removing structural walls
- Changing the internal layout of rooms
- Structural changes
- Changing toilet or bathroom locations
- Adding a new heating system or changing an old one
- Flooring changes, i.e. from carpet to wooden floors
The requirement for a licence to alter or licence for alterations will be dependant, on the lease and the clauses within it. The legal lease standard has changed over time, so ensure you are aware of the facts, within your own.
The requirement for a licence to alter or licence for alterations usually surprises flat owners, if you require formal consent, you must ensure that you get good legal advice, as early as possible.
[edit] Related articles on Designing Buildings
- Betterment.
- Building an extension.
- Commonhold
- Conversion.
- Dilapidations protocol.
- Dilapidations.
- F10 notification.
- Freehold.
- How to build a porch.
- Land law.
- Lease Negotiations - Tenants Checklist.
- Leasehold.
- License to alter.
- Property disrepair and landlord liabilities.
- Quantified demand.
- Renovation.
- Rent-free period.
- Repairs and optional improvements.
- Restoration.
- Reversion.
- Sample retail lease.
- Schedule of dilapidations.
- Scott schedule.
Featured articles and news
CIAT responds to the updated National Planning Policy Framework
With key changes in the revised NPPF outlined.
Councils and communities highlighted for delivery of common-sense housing in planning overhaul
As government follows up with mandatory housing targets.
CIOB photographic competition final images revealed
Art of Building produces stunning images for another year.
HSE prosecutes company for putting workers at risk
Roofing company fined and its director sentenced.
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Major overhaul of planning committees proposed by government
Planning decisions set to be fast-tracked to tackle the housing crisis.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.
Conservation in the age of the fourth (digital) industrial revolution.
Shaping the future of heritage
Embracing the evolution of economic thinking.
Ministers to unleash biggest building boom in half a century
50 major infrastructure projects, 5 billion for housing and 1.5 million homes.
RIBA Principal Designer Practice Note published
With key descriptions, best practice examples and FAQs, with supporting template resources.
Electrical businesses brace for project delays in 2025
BEB survey reveals over half worried about impact of delays.
Accelerating the remediation of buildings with unsafe cladding in England
The government publishes its Remediation Acceleration Plan.
Airtightness in raised access plenum floors
New testing guidance from BSRIA out now.