Leaseholds: freeholder's permission for alterations

Bricks

I'm starting down the path to buying a flat (first time buyer).

My intention is to buy somewhere that's in need of renovation, and do some work on it, which may be more than just cosmetic stuff - possibly altering partition walls and the like.

I'm familiar with what I can and can't do in terms of planning permission and building regs, but I'm aware that when doing work on a leasehold property (especially in a shared block) it's often necessary to get the freeholder's permission.

Basically, if I am going to buy somewhere (and it's likely to be in a block of flats) I want to know if there are any special conditions on doing alterations. So my question is - how do I find this out? Do I need to actually contact the freeholder or will it be written into the legal documents somewhere? I asked this question of one estate agent, who just kind of said, "oh yes, there shouldn't be any problems with that" but I'd like a bit more assurance than that.

If it is usually written into the lease agreement somewhere, is this something the estate agent should be able to provide me with?

If not specified in the lease, are there certain things I legally have the right to do? Or can the landlord impose whatever restrictions they feel like?

Obviously I don't want to buy somewhere on the assumption that I can make an opening in a wall or something like that, and then find out afterwards that the freeholder won't let me do it.

Thanks in advance for any advice...

Bananamana

Bricks wrote: »

Basically, if I am going to buy somewhere (and it's likely to be in a block of flats) I want to know if there are any special conditions on doing alterations. So my question is - how do I find this out? Do I need to actually contact the freeholder or will it be written into the legal documents somewhere? I asked this question of one estate agent, who just kind of said, "oh yes, there shouldn't be any problems with that" but I'd like a bit more assurance than that.

It would usually be in the lease.

Bricks wrote: »

If it is usually written into the lease agreement somewhere, is this something the estate agent should be able to provide me with?

When the HIP's were about yes. Now it's not required. A copy from the land registry is approx £25.

Bricks wrote: »

If not specified in the lease, are there certain things I legally have the right to do? Or can the landlord impose whatever restrictions they feel like?

It depends on what the lease says. There may also be other covenants in the title.

Bricks

Thanks bananarana.

This may be a stupid question but what actually is the difference between the 'title' and the 'lease'?

Do I need to try and look at both of them or are they effectively the same thing?

Bananamana

Apologies- the "title" is kind of a generic terms but in the case of of a registered property it would be the Land Registry office copies and any documents referred to therein (old transfers, conveyances, the lease etc.)

olly300

As already said it would be in the lease about altering the building as the freeholder is responsible for the fabric of the building. The main issue you would have is that the freeholder can reasonably refuse to give you this permission, and even if they give you the permission you may have to pay a large administration fee for it.

Your best bet is to find another flat in the block that is altered in a similar way as it would help your case. Unfortunately unless you are are introduced to the people in the block by the seller then you won't find this out until you move it.

Someone in my block wanted to install a satellite dish and asked permission. They were refused so they appealed and pointed out someone further down had a satellite dish installed in the way they were going to do theirs.

PasturesNew

There was a couple of blokes on Homes under the Hammer, who bought a flat in a mansion block. They then found out that there are very strict rules on what hours you're allowed to do DIY/work on the place. I think they were restricted to Saturdays (as they both worked in the week), with no work at all after 7pm Mon-Sat and no work allowed on Sundays at all. One could get there for an hour a day after work, then they only had Saturdays to finish it.

It'll all be in the lease.

Bricks

So I need to ask the estate agent if I can see the lease, right?

And if they don't have a copy, I need to get one from the Land Registry?

Is it normal for the estate agent to have copies of these documents?

david29dpo

No, the agent will have nothing. it will be up to you to get them. The seller may have a copy.

olly300

Bricks wrote: »

So I need to ask the estate agent if I can see the lease, right?

One thing you should be aware of is that estate agents will say anything to get a sale as they don't get paid unless there is one.

Apart from the basics they tend to know very little about the property. In your case they are saying "Yes" to everything but I remember in my case when I was looking they said "I don't know to everything".

Bricks wrote: »

And if they don't have a copy, I need to get one from the Land Registry?

Is it normal for the estate agent to have copies of these documents?

No.

As already suggest go and have a talk directly with the seller.

Explain that you are just trying to find out if there are any unusual clauses in the lease. (I presume you are still in the negotiation stage so you don't want to sound too keen or upset them by saying you are knocking down walls.) If the seller isn't helpful i.e. say you have to deal with their solicitor, you are probably better of going and finding another flat as there is absolutely no reason for a seller to not aid in the sale of their own home. I got a file of photocopied documents from my seller without asking for them and this was way before HIPs.

Richard_Webster

There will be very few flat leases that have no restrictions at all on alterations. Some might only prohibit or require consent for structural alteration, but most will include non-structural work as well! So knocking a non-structural wall down to make two rooms one or altering the location of a partition wall to say, increase the size of a bathroom, would normally require the landlord's consent.

So I would say it is really safer to proceed on the basis when looking at flats that you will need consent for what you want to do. If when your solicitor gets the lease he reckons that consent isn't needed for you want to do, great!

Bricks

...update...

So, I have now purchased a flat. It is one of two flats in a converted house; I have the upper one and I have a share of the freehold along with the owners of the flat below.

I am going to be doing some work to it, some of which will involve structural alterations to the roof. I am trying to decide whether I need to gain consent from the owners of the flat below. In my lease it says I should:

"not at any time during the said term without the licence in writing of the Lessor first obtained to erect or place any additional building or erection on any part of the demised premises other than a shed for domestic purposes only and not without such licence as aforesaid to make any alteration in the plan or elevation of the flat hereby demised or in any of the party walls or the principal or bearing walls or timbers thereof nor construct any gateways or opening in any of the fences bounding the demised premises"

which as I understand it does mean that I am really supposed to get consent from the Lessor. Of course the Lessor is part me and part the other owners.

So, do I simply write to them saying I want to do X Y and Z and can I have their consent please? Can anyone tell me whether they would have any right to say no, and what would I have to do if they did say no?