Building a wall in leasehold flats

CloudCloudCloud

Dear all,

I have recently bought a leasehold flat which has a very large reception room. I wanted to build a wall so I could split this reception room into two, so I could make it as one extra bedroom and a (smaller) reception room.

The terms on my lease stated I cannot alter the structure of the flat (as do all leases I believe). So my question now is:

1) Is building a new wall = altering the structure of the flat? But I am not removing anything though…
2) If this is forbidden by the lease, can I ask the freeholder permission and do they have the right to reject this?
3) If the freeholder agrees, do I need to pay them anything?

Has anyone have any past experience in this?

Many thanks for looking into this. Any help is greatly appreciated!

Hope everyone have a great week!

Cloud

Werdnal

Yes you are changing the structure, yes you need permission and yes you may have to pay. TBH I would doubt whether it would be possible as you are effectively adding a room, and may even require planning permission and building regs approval, never mind getting the freeholder to agree!

Until you ask you will not know. Has anyone else in the block done anything similar and set a precident here?

Also, if you are not on the ground floor (you don't specify), it may not even be structurally possible to add a wall!

Ask the freeholder in writing and await their reply, but be prepared to pay for approval.

cattie

Yes you do need to ask the freeholder's permission as you are altering the structure of the flat. The freeholder may or may not agree to such an alteration, you won't know until you ask & yes, they do have the right to refuse. Not to seek permission puts you in danger of having your lease revoked, so best not to go down this route.

As to whether you need to pay them anything, well this depends, as if the freeholder employs a managing agent, there is sometimes a fee levied by the management company for handling correspondence & requests to the freeholder, on behalf of a leaseholder. So if there is a management agent, you could ask them if a fee would be applicable in this case.

societys_child

I cannot see how a *lightweight* wall would affect structure. Check the lease carefully though.

devotee

Werdnal wrote: »

Yes you are changing the stucture, yes you need permission and yes you may have to pay. TBH I would doubt whether it would be possible as you are effectively adding a room, and may even require planning permission and building regs approval, never mind getting the freeholder to agree!

Until you ask you will not know. Has anyone else in the block done anything similar and set a precident here?

Also, if you are not on the ground floor (you don't specify), it may not even be structurally possible to add a wall!

Ask the freeholder in writing and await their reply, but be prepared to pay for approval.

Planning permission? Really??? You are making that up for sure. The OP is not extending or changing the external appearance in order to seek planning permission. I doubt it even needs building regs.

OP double check with your freeholder. They can disagree but they would have to give you a good enough reason why.

By adding a stud partition you are not changing the structure of the flat. Double check what you own in the lease.

Freeholder normally owns the structural walls.

devotee

Forgot to add, that the permission from the freeholder is required, as when you decide to sell, the flat looking different to the land registry plans will raise questions. Mind you, indemnity policy is normally sufficient for that.

And btw, speaking from experience as I've done something similar, changed the layout completely and about to do it again.

G_M

Land Registry plans do not show room layout, so ignore that.

Planning Permission not needed as no external alteration and the foortprint of the building is not increasing.

Buildings Regs might be needed, but should be a formality if just adding a stud wall.

Freeholder permission IS needed. Whether this is easy, or needs paying for, depends on the set-up. Do you own a share of the freehold with other flat-owners? Or is it owned by a commercial company? Is it managed by a property management company? The more formal/commercial the arrangement, the more likely there are to be costs.

devotee

G_M wrote: »

Land Registry plans do not show room layout, so ignore that.

Edit, the lease does.

G_M

devotee wrote: »

Edit, the lease does.

Correct. Hence the need for freeholder permission to alter!

Nothing to do with LR.

propertyman

Ok I'll say it the OP is probably confused. As dealing with consents is what "we " do...

1: A timber stud and plaster wall is not a structural alteration.

2: If as you say the lease only limits structural alteration you do not need consent.

3: You are however altering the flats lay out - a canny purchaser and solicitor will compare the lease plan and will enquire " where's consent- are you sure".

It is therefore sensible to at least get written confirmation that they have no objections to the new layout.

4: Next doors flat is not your building site- you do have to restrict the work to normal builders hours and storage and waste disposal cannot annex the common areas or bin area, and protection ought to be laid on carpets etc when taking materials in and out- its not fair that everyone pays to clean up afterward...

5: Do take a photo record of the common areas to avoid claims of damage by your contractor.

6: Planning is not required however as you are increasing the number of habitable rooms there may be a planning restriction.

7: 6 may result in some leases in an increase in your service charge contributions if the lease uses habitable rooms and not floor area as a means to apportion service charges.

8; There may be local house rules re works # 4 above - enquire.

propertyman

G_M wrote: »

Correct. Hence the need for freeholder permission to alter!

Nothing to do with LR.

No the lease would have to specifically restrict the layout in order for consent to be needed to change layout. It is an implied term in these leases that requires the layout be reinstated when the lease ends.

However see my post, some solicitor will no doubt make meal out of it...:mad: 2 days before exchange...