At Grant Saw Solicitors, we specialise in guiding leaseholders and freeholders (landlords) through the complex process of obtaining or granting a licence for alterations. Our experienced team helps ensure that any alterations made to a leasehold property comply with legal requirements.
Whether the alterations involve the construction of an extension, the reconfiguration of the property or changes to the property, we provide clear and concise legal support to make the process as smooth as possible.
What is a licence for alterations?
Leases of properties often provide that the landlord’s permission before the leaseholder may carry out certain works to the property.
A licence for alterations, also known as a licence to alter, is a formal legal document by which the landlord gives this permission.
The licence for alterations specifies the works for which the landlord’s permission is given and outlines the terms and conditions under which the works may be carried out.
A licence for alterations is required even if the leaseholder owns a share of the freehold together with the leaseholders of the other flats in the building
Why is a licence for alterations needed?
A licence for alterations is required to accurately describe the works which are to be carried out and set out the requirements which apply in relation to the works.
If works are carried out without the landlord’s required permission the leaseholder will be in breach of the lease and could face several consequences:
- Enforcement action: the landlord may require the leaseholder to return the property to its original state, often at great expense.
- Forfeiture: ultimately, non-compliance can lead to the landlord terminating the lease due to the breach of the lease.
- Selling difficulties: unapproved alterations can make it harder for the property to be sold in the future.
The licence for alterations process
The process for obtaining a licence for alterations can vary depending on the nature of the work.
Generally, the leaseholder requests the landlord’s permission to carry out the works.
The leaseholder will be required to provide details of the proposed works to the landlord, including:
- A description of the proposed alterations.
- Technical documents such as plans, drawings and structural calculations where appropriate.
The leaseholder is normally required to pay the landlord’s representatives’ costs in relation for the request for a licence for alterations.
The landlord (or the landlord’s solicitors) will consider the provisions of the lease and the landlord (or the landlord’s surveyor) will assess the impact of the alterations on the building.
The landlord will decide whether in principle to grant consent and under what conditions.
Some common conditions landlords may include are:
- The ability to monitor the works while in progress.
- A requirement for planning permission and building regulations approvals.
- Insurance requirements to cover potential damages.
- Restrictions on working hours to prevent disturbing other tenants.
- Repair obligations for any affected communal areas.
If the landlord is prepared to allow the proposed works, a licence for alterations is drawn up by the landlord’s solicitors. The licence for alterations would contain the conditions which apply to carrying out the works.
The draft of the licence for alterations sent to the leaseholder’s solicitors and reviewed by them.
When the wording of licence for alterations is agreed the licence is then signed by the landlord and the leaseholder and dated.
The leaseholder may then carry out the permitted works in accordance with the provisions of the licence for alterations.
Our expert team can help leaseholders and landlords navigate these conditions, ensuring the provisions of the licence for alterations are appropriate for the circumstances of the case.
At Grant Saw Solicitors, our team provides expert advice on all of these issues, ensuring your project stays on track and legally compliant.
How Grant Saw Solicitors can help with your licence for alterations
If you are a leaseholder looking to make alterations to your leasehold property, or a landlord who has been asked to give your permission for alterations, it is essential to obtain expert legal advice to ensure that the process goes fairly and smoothly. At Grant Saw Solicitors, we offer comprehensive support, including:
- Drafting and reviewing licences for alterations.
- Guidance on the conditions which apply to the works.
- Representation in case of disputes or complications related to the alterations.
Our experienced solicitors are here to help you navigate the difficulties of the procedure for obtaining or granting a licence for alterations and ensure the alterations project complies with the relevant legal requirements.
Contact our leasehold solicitors for expert guidance
At Grant Saw Solicitors, we provide expert legal services tailored to both leaseholders and landlords. If you need assistance with obtaining or granting a licence for alterations or any other leasehold property issue, do not hesitate to contact us. For more information, please email us or contact us on 020 8858 6971.
