When you own a flat in London, it’s natural to assume you have the freedom to make changes as you see fit. After all, you’ve purchased the property, and it’s yours to enjoy. However, owning a flat comes with unique responsibilities and restrictions, particularly when it comes to alterations. Understanding why a Licence to Alter is often required can save you time, money, and legal headaches.
What is a Licence to Alter?
A Licence to Alter is a formal document granting you permission to carry out alterations to your flat. This is usually required by the terms of your lease. The lease is a binding agreement between you, the leaseholder, and the freeholder (or landlord), setting out what you can and cannot do within the property. Many leases include clauses that stipulate the need for consent before making structural or non-structural changes.
Why Do I Need Permission?
While you may own the leasehold of your flat, the freeholder owns the building as a whole, including communal areas and structural elements. Alterations to your flat, even minor ones, could potentially:
- Impact the structural integrity of the building
- Affect neighbouring flats
- Alter shared services, such as plumbing or electrical systems
- Change the appearance of the building
By requiring a Licence to Alter, the freeholder ensures that any proposed changes are safe, compliant with building regulations, and do not negatively impact other residents.
What Kind of Work Requires a Licence to Alter?
The scope of work requiring a Licence to Alter can vary depending on your lease, but it typically includes:
- Structural changes, such as removing walls
- Installing new flooring, especially hardwood, which could increase noise levels
- Changes to plumbing or electrical systems
- Fitting new windows or doors
- Renovating kitchens or bathrooms
It’s crucial to read your lease carefully or consult a solicitor to determine if your planned works require permission.
What Happens if I Don’t Get a Licence?
Carrying out alterations without the necessary licence can have serious consequences. These might include:
- Being forced to reverse the changes at your own expense
- Legal action from the freeholder
- Difficulty selling the property in the future, as unauthorised alterations can complicate conveyancing
- Compensation for damages caused to neighbouring properties
How Do I Apply for a Licence to Alter?
The process generally involves the following steps:
- Notify the Freeholder: Submit a detailed description of the proposed works, including architectural plans and specifications.
- Obtain Approvals: Depending on the nature of the work, you may need planning permission and/or building regulation approval. Additionally, party wall consents may be required if the work involves structural changes.
- Pay Fees: The freeholder is entitled to recover reasonable costs, including legal and surveyor fees. It is also common for landlords to request a damages deposit before works commence. The amount typically depends on the scope of work and is often advised by the surveyor.
- In tandem with the deposit, it is recommended to get a photographic schedule of conditions done in the common parts and often in neighbouring flats (such as below, next to, or above) depending on the scale of work. This protects the lessee undertaking the work from claims for pre-existing issues and safeguards the landlord and other lessees against damages such as structural cracks or leaks.
- Another potential cost to consider is an adjustment to the building's insurance premium for larger projects. The lessee would typically cover this, and while usually modest (a few hundred pounds), insurers sometimes also raise excesses for the duration of the works.
- If installing hard flooring, you may also need to pay for acoustic testing before and after the works to ensure the transmitted noise between flats complies with legal standards.
- Depending on the scope of work, additional specialists like acoustic engineers or structural engineers may be required, in addition to the surveyor and solicitor. For example, replacing a kitchen versus making major structural changes would result in very different Licence to Alter pathways.
- Wait for Consent: Once the freeholder’s surveyor reviews your plans, they will issue the Licence to Alter, often with conditions you must adhere to.
- Completion and Inspection: After the works are completed, the surveyor must inspect and sign off on them to ensure compliance with the licence stipulations and confirm no damages occurred during the process. The schedule of conditions will be vital here to resolve any claims of pre-existing damage. If discrepancies arise, you may need to undo the work or pay additional fees for a variation to the licence. Once satisfied, the surveyor will issue a completion certificate.
Tips for a Smooth Process
- Plan Ahead: Allow plenty of time for the application and approval process.
- Hire Professionals: Engage an experienced solicitor and surveyor to handle the technicalities, and ensure that all contractors are compliant with the correct licenses and insurance.
- Communicate Clearly: Maintain open communication with your freeholder and neighbours to minimise disruptions.
Final Thoughts
Owning a flat in London is a significant investment, and it’s understandable to want to personalise your space. However, the Licence to Alter process exists to protect both the building and its residents. By following the proper procedures, you can ensure your renovations are carried out smoothly and without future complications.
At tlc Estate Agents, we understand the complexities of property ownership and leasehold management. If you have questions about a Licence to Alter or any other property-related matter, feel free to reach out to our team for expert advice.
