Change windows without freeholder consent - issue with selling?

FrenchMummy

Hi all,

I am new here :j I have a bit of a dilemma and need your advises.

I purchase a Leasehold flat 4 years ago and I am now in the process of selling it.
The council is the Freeholder.
The flat is Victorian terrace that has been converted into two flats. I own the first floor flat.

When I move in the property, the roof was leaking and two windows at the back of the property (garden side) were rotten (like completely rotten!) The glass panel was holding with tape.
I had the freeholder (council) to replace the roof but it took a really long time (almost a year!:mad:) for them to do it and it cost me and the other leaseholder a lot more that it should have.

So when I decided (and could afford) to change the windows, I did it without asking permission from the freeholder (council).:o
I believe I did not need planning permission (as it is like-for-like) - but that I should have asked for the freeholder permission.

I paid for the replacement windows totally on my own.
I replaced those exactly like-for-like (all timber) but replace the single panels to double glazing panels instead.
The windows are perfect and (while they are new) are blending totally with the rest of the windows in the property and are unnoticeable.

I have the FENSA certificate for those windows and it is also available in the FENSA website. so anyone can see I did something to the windows if they search for it.

So, my questions are:
- Should I tell my solicitor about those windows? Does he has a legal obligation to tell the buyer’s solicitor about it and the lack of “paperwork”?
- Should I not mention the windows in the paperwork documents (property information forms)? What is the worst that can happen?
- Or should I mentioned that I have replace those like-for-like but omit that I did not ask the council permission?
- Or should I mentioned that I have replace those like-for-like AND mentioned that I did not ask the council permission?
- Or, should I just bit the bullet and ask for retrospective approval of the freeholder (that seems very complicated and expensive and time-consuming)?

I don’t want to be “dishonest” but I just want to have the less issue with the sell as possible without making it too complicated.
In the end, I have improved the property – as 2 lovely windows are much better than 2 rotten ones!

I am really lost on this issue and your advises would be much appreciated.
Many thanks

eddddy

In general, you should answer any questions you are asked accurately. You don't have to volunteer any information that you are not asked.

But you will almost certainly be asked if you replaced any windows, and whether you had the freeholders permission (because these are standard questions).

You need to read your lease. It will probably say that you need your freeholder's permission to replace the windows - so just write to them and request permission. (There may be an admin fee to pay).


(You're not in a conservation area are you...?)

KRB2725

I wouldn't write and ask permission. You can probably (someone will know better than me) get an indemnity policy for this. However, if you have made the Council aware of the issue then an indemnity will be no use.

FrenchMummy

Thanks for your replies.
I am not in conservation area.

If I take the route of the indemnity policy, what is the process? should I ask my solicitor to buy this for me?
and on the property information forms, if they ask about freeholder permission, what should I say then?

Many thanks

Hoploz

I wonder whether when you ask for permission, you need to mention that the work has already been done? Maybe you could just ask for permission without saying it is retrospective. It might be more straightforward for the council to deal with?

N.b. this is not actual advice, but it is just an idea. Someone might say it is a bad one!

FrenchMummy

Many thanks for your advises.

I am very tempted to ask my solicitor for her advise too.... But do you think she will then legally have to tell the buyers - even if then I decide to "omit" this information?

Many thanks

Hoploz

Don't say anything contentious to your solicitor until you have decided - they do everything by the book (as you would expect!) and would be duty bound to pass on anything that may affect somebody's decision. They would never suggest you omit anything. Their advice in this would be that you must complete the form in full and truthfully.

You are directly asked on sellers forms whether you have done work, and whether you have obtained any relevant permissions for the work. The truthful answer is that you have not asked permission!

Not sure how an indemnity would work for this. It could be an option I suppose.
But you couldn't very well discuss that option with your solicitor if you will later decide to lie on the form and say you haven't done any work!

G_M

If and when you asked by the buyer, that is the time to consider asking your solicitor to arrange indemnity insurance - £150?

Until then do nothing.

bris

If you replaced like for like because the windows were rotten wouldn't it then just be classed as a repair?

stator

When asked, answer honestly. When they notice you don't have freeholders permission, offer to buy an indemnity policy. That's all you should do really.

Lord_Baltimore

Honesty is the best (indemnity) policy.