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
Professional practical experience for Architects in training
The long process to transform the nature of education and professional practical experience in the Architecture profession following recent reports.
A people-first approach to retrofit
Moving away from the destructive paradigm of fabric-first.
International Electrician Day, 10 June 2025
Celebrating the role of electrical engineers from André-Marie Amperè, today and for the future.
New guide for clients launched at Houses of Parliament
'There has never been a more important time for clients to step up and ...ask the right questions'
The impact of recycled slate tiles
Innovation across the decades.
EPC changes for existing buildings
Changes and their context as the new RdSAP methodology comes into use from 15 June.
Skills England publishes Sector skills needs assessments
Priority areas relating to the built environment highlighted and described in brief.
BSRIA HVAC Market Watch - May 2025 Edition
Heat Pump Market Outlook: Policy, Performance & Refrigerant Trends for 2025–2028.
Committing to EDI in construction with CIOB
Built Environment professional bodies deepen commitment to EDI with two new signatories: CIAT and CICES.
Government Grenfell progress report at a glance
Line by line recomendation overview, with links to more details.
An engaging and lively review of his professional life.
Sustainable heating for listed buildings
A problem that needs to be approached intelligently.
50th Golden anniversary ECA Edmundson apprentice award
Deadline for entries has been extended to Friday 27 June, so don't miss out!
CIAT at the London Festival of Architecture
Designing for Everyone: Breaking Barriers in Inclusive Architecture.
Mixed reactions to apprenticeship and skills reform 2025
A 'welcome shift' for some and a 'backwards step' for others.