Getting permission as share of freeholder

Maikeru

I am a co-freeholder with 20 other properties in my development (townhouses, not flats). A majority of residents are interested in installing gas central heating, which would involve the need for a small flue to be put through the panelling above the garage doors at the back of the properties (where the boilers would be located).

One resident is pointing out that a clause in the lease says 'Not to make any structural alterations and additions to the premises'.

I personally wouldn't consider a small gas flue (essential for a service as fundamental as central heating) a 'structural addition'. The houses have had other similar stuff put in before (eg. ventilation pipes through the roofs - the roofs are flat, air vents on the walls, even roof lights!).

Assuming the resident is able to argue the case that this breaches the lease (and it's not certain she's actually against it - she may just be pointing out what the lease says so we don't get in to difficulties), how do these things normally work with a share of freehold situation? Is a majority vote (say 11 out of 21 residents sufficient)?

My next step would be to try and argue that preventing people from having gas central heating in large townhouses is almost a breach of human rights.......

princeofpounds

speak to lease-advice.org and read the material on their website (govt funded advice service).

Do you all own 1/20th of the freehold as individuals, or 1/20th share in a company that owns the freehold?

The latter is more common. If so, then there should be a charter and board of directors. The directors can decide on behalf of the company, in accordance with the rules of their charter.

With freeholder and leaseholder agreement, leases can be varied.

I too am not sure that this would even count as a structural alteration. Even if it did, what is the freehold going to do about it - sure 19/20 freehold shareholders are not going to enforce legal action against themselves!

ChumpusRex

My experience is that most building managers regard structural alteration as "anything which requires buildings regulations approval or planning approval". It's not so much to deny permission for changes, but to ensure that any insurance company is kept up to date.

So, installing a gas boiler, which is regulated under the buildings regulations, would require permission.

In reality, I'm not sure what the legal definition is, if there is one. But if you speak to the property manager, they should be able to advise.

In general, for share of freehold properties, a vote of interested owners showing a majority should be sufficient for management to grant permission even if there is dissent among residents.

G_M

Can you clarify who is going to do the work?

Is each leaseholder going to install their own boiler and asociated flu?

Or is the freeholder installing a communal boiler or individual boilers?

1) the clause you quote almost certainly applies to the leaseholder (please confirm) so would not prevent the freeholder from 'altering the structure' (even assuming this IS an alterteration).

2) even if each leaseholder is going to do the work, contrary to the lease, who is going to enforce or prevent? Other leaseholders cannot. Only the freeholder can. And since you say "a majority of the residents" want to do this, the 'freeholder' is unlikely to take action!

Assuming of course that the freeholder comprises the 21 residents.......?

But finally, it does make sense for the freeholder to oversee/arrge this work to ensure that it is done to a good standard, the exterior is not disfigured etc