If you own a share of the freehold understanding your rights for altering your flat can be confusing.
Frequent questions people ask are, What changes can I make? and do I need approval to make changes?
In his latest article, leasehold specialist Richard Ramshaw answers all your questions and outlines the first steps you need to take…
What changes can I make in a shared freehold flat?
Owning a shared freehold flat can sometimes be confusing. Many people assume that, because they jointly own the building with their neighbours that they can make any changes they like to their home.
However, this is not the case. Even if you co-own the freehold, you are still bound by the terms contained in your lease. This often includes any restrictions in relation to how you can alter the flat.
Do I need approval to change the floor in my flat as a co-freeholder?
As a co-freeholder your lease will specify any restrictions about the type of flooring you can or cannot have in your flat. For example, some leases prevent wood flooring to reduce noise for neighbours.
Even if you own a share of the freehold, you will still be bound by these rules. That means you may need to get formal consent before changing your flooring.
Checking your lease first will help you to avoid potential, costly, disputes and ensure any work carried out is in line with the terms of your lease.
Can I make alterations to a leasehold property
Again, making alterations to your leasehold property will depend on the wording of your lease. Every lease is different, so it’s important to check what yours says (and obtaining any necessary consent) before starting any work.
Some leases include a complete ban on alterations. These are unusual, but they do exist. Others may allow small changes, such as redecorating or fitting a new bathroom suite.
In most cases, more significant alterations are possible but you will usually need the other freeholders’ permission, often in the form of a license to alter.
What is a License to Alter?
A Licence to Alter is a formal agreement between you and the other freeholders. It gives you consent to make changes to your flat that require such consent.
The document will usually set out the exact alterations that you can make to the flat. It also includes conditions for how and when the work can take place. For example, if the work is likely to be noisy or disruptive the license might specify the days and times that the works can be carried out .
This license helps protect the neighbours from disruption, while ensuring the work is carried out properly and safely.
Once a Licence has been agreed, signed and completed, the alterations can commence.
If you’re planning alterations to a leasehold property, you’ll often need a License to Alter before starting work. You can speak to one of our experts, to find out what your next steps should be, on 01202 499255 or by filling in the form.
What is a Deed of Variation?
A Deed of Variation is a document that changes the terms of your lease.
If you make changes to your flat, a Deed of Variation will formally record the alterations. For example,
If the internal layout has been re-arranged, the new layout is recorded in the deed by reference to a plan.
A Deed of Variation is not usually completed until the works have been finalised and the freeholder or landlord is satisfied with the quality and finish of the same.
Do I need a license to alter if I own a share of the freehold?
If the lease specifies that the works you are proposing require the freeholder’s or landlord’s consent, then yes, you would still need a License to Alter even if you own a share of the freehold.
Can a freeholder refuse to consent to a license to alter?
If the lease has a blanket ban on alterations; the other freeholders could refuse consent.
However, if the lease states that a freeholder or landlord cannot ‘unreasonably withhold consent’ then they cannot generally refuse if the proposed alterations are an ‘improvement’ to the property.
The challenge is that improvement can mean two different things to two different people. This is often where disputes can arise.
When can a freeholder reasonably refuse?
The other freeholders cannot refuse consent simply to be difficult.
All freeholders have an obligation to ensure the building’s structural integrity is protected. This is for the benefit of all the flats within it.
They will also need to make sure that no other flat owners are negatively affected by the proposed works.
Therefore, if the alterations are unreasonable, the other freeholders may have a valid reason to refuse consent.
What if not all of the co-freeholders agree?
Assuming the freehold is held in the name of a limited company, the number of shareholders required to agree to proposed alterations will depend on the company’s memorandum and articles of association.
If the freehold is held in the individual names of the flat owners (or a number of them), all freehold-owners will need to be in agreement.
How do I get a license to alter?
The recommended first step would be to approach the other freeholders to discuss the matter and gauge their opinion and response.
Assuming they are in agreement, in principle at least, they will then likely require more details about the proposals. For example,
- If the proposed works are more complex and/or structural, they will likely require architect’s plans, a surveyor’s opinion and/or a structural engineer’s opinion.
- If planning permission and/or building regulation certification is necessary, you would need to contact the appropriate authority to get the ball rolling in that respect.
- If all of this is positive, lawyers can then be instructed to draft the necessary License to Alter, and, if necessary, a Deed of Variation.
Who pays for all the legal work and surveyor’s assistance?
It would be usual for you, the flat owner, to cover your own professional fees as well as the freeholder’s.
Specialist Leasehold Solicitors
Our expert team of Leasehold Property Specialists, will be able to provide you with tailored advice in plain English to help you reach your desired goals.
To speak to a member of our Leasehold Team, about dead of variations or license to alters, call 01202 499255.
All new clients are offered a free initial chat, giving you a chance to discuss your need. You can book your initial chat via the get in touch form at the top of this page.
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