Do I need my free holders consent to change rooms and add a conservatory?

tricky-woo_2

We own a 1 bed room flat and am looking to turn it into a 2 bed, with an open plan kitchen in my front room and the kitchen being turned into a small bed room. We are also looking at adding a small conservatory to the garden as we have full excess to it.

We have started a small family with a little boy of 2 and another on the way and just can’t afford to sell in this current market.

Do I need consent from my free holder to do this?

Thanks Tricky-woo

HappyMJ

If it involves structural changes then yes. If it's just knocking down a non-load bearing internal wall then you can do that.

InkZ

Take a look at your lease.

I'd say the freeholder would probably freak if a conservatory popped up!

You might get away with the internal stuff as long as you aren't modifying any walls, but a call to your management agency would be my first step.

Richard_Webster

Never mind about whether you have access to the garden - is the garden included in the area leased to you?

If not then your lease will need to be altered to include it and this may not be possible if others can use the garden as it will reduce their rights. Even if it is possible the freeholder may want a substantial sum for this.

If the garden area is part of the area in your lease then it depend on the wording of your lease whether or not you need the freeholder's consent but it is very likely that you will.

Fulham_Mark

you probably need to check the leasehold documents.
If you break the terms of the leasehold then it could make it very difficult to sell as buyers will get warnings come up on land reg. searches, valuations etc.

propertyman

In addition to Richard's comments I would clarify the others about "walls" etc

The lease may require that any or all alterations be approved of, not simply ones involving load bearing walls. Only the lease will say.

The freeholder also has to be wary of giving consent for very extensive alteration as to the extent it might affect the structure which he is still responible for ( even if costs are recharged in the serviuce charge) and the effect on neighbouring owners over the noise and disturbance of the next door building site.

It is not just you putting up with it. Opening up "my" windows on the lovely spring day only to spend the rest of it cowering under the noise, and by dinner time *my* whole flat is covered in your dust.

You are going to have be wary of controlling working hours noise site storage etc.

As to the garden what Richard is saying that even if you own the garden in your lease, its is likely demised as a garden and a change to a conservatory may involve a premium to permit the change ( which he is not obliged to give) and in some cases the soil in the garden is only granted to you at a low depth, so you have to buy access to the soil below for the footings for the conservatory.

Finally the landlord may well require this to be by way of formal licence for which you will have to pay costs including those of their surveyor to inspect the proposal and the work to ensure that what you intended to build has been built.

Don't freak out! its all do-able but just don't expect it to be given overnight permission or resolved over a email or two and a quick chat in the kitchen.

And this way it protects you from action from the neighbours and the landlord pitching up and saying after all "no I don't like this or that- no that not what we said in the kitchen".

tricky-woo_2

Hi Richard,

thanks for the advice and yes the garden is part of our lease and i have the freeholders name and address. Would i have to just send him a letter detailing what we want to do with drawings etc? or would the best bet be to go through Hair + Son who manage the lease?

Thanks in advance

tricky-woo_2

thanks to all for the advice, i'm going to have a good read through my lease and see if i can understand any of it!! I may be back for some more advice yet.

Thanks again you've all be a great help

devotee

You will need the freeholder's permission and you will most likely need a planning permission for the conservatory.
You can call the freeholder and send the drawings of what you propose to do and they should give you the consent or not.

seven-day-weekend

devotee wrote: »

You will need the freeholder's permission and you will most likely need a planning permission for the conservatory.
You can call the freeholder and send the drawings of what you propose to do and they should give you the consent or not.

You will definitely need Planning Permission(as well as freeholder's permission) for the conservatory as flats have no Permitted Development rights.