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"Structural alterations" - leasehold flat

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  • marksoton
    marksoton Posts: 17,516 Forumite
    G_M wrote: »
    My instinct is that what OP is proposing does not need freeholder consent.

    Informing the freeholder could open a can of worms. Depending who the freeholder is (individual living in one of the other flats? investment company?) they might well refer the matter to their surveyors, at OP's expense of course, to check what's being proposed and advise the freeholder on their course of action.

    Agreed.

    Right up until the floor heating. A more than cursory reading of the lease is in order here i suspect.

    Let them refer away. It's proposed works.

    A proposal is exactly that. What representation the freeholder takes is at their discretion, and cost.

    And as it sounds like the place is being upgraded they'd be foolish to do so.
  • chappers
    chappers Posts: 2,988 Forumite
    I can't believe that an electric mat under the tiles would constitute a structural change. Personally I would crack on.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chappers wrote: »
    I can't believe that an electric mat under the tiles would constitute a structural change. Personally I would crack on.

    Seconded. Nothing sounds structural to me.
  • Okrib
    Okrib Posts: 166 Forumite
    Ninth Anniversary Combo Breaker
    I would see no issue in that - though presumably you will get building regulations sign off for the work?


    Does the lease say that any requests will not "unreasonably be withheld"?


    I'd crack on with the work.
  • Surely structural alternation is knocking down a structural wall. Of course if I was going to alter the internal (non supporting) walls I would ask permission, but redecorating or refitting no. I have done the same in a leasehold inc skim the ceilings.

    I personally think the only grey area for you ( and me) is the spot lights as you have to cut all the way through the ceiling. However I'm not telling !

    I agree you cannot get advice from the management companies that operate on behalf of the freeholder without paying the fee.
  • starving_artist
    starving_artist Posts: 889 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 20 November 2015 at 11:07AM
    Consent for improvements can not be unreasonably withheld under section 19 (3) of the 1927 Landlord and Tenants Act.

    Also you should check your lease to see if it mentions any fees for granting permission. Otherwise under the Act they can only reclaim reasonable legal fees.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Surely structural alternation is knocking down a structural wall. Of course if I was going to alter the internal (non supporting) walls I would ask permission, but redecorating or refitting no. I have done the same in a leasehold inc skim the ceilings.

    I personally think the only grey area for you ( and me) is the spot lights as you have to cut all the way through the ceiling. However I'm not telling !

    I agree you cannot get advice from the management companies that operate on behalf of the freeholder without paying the fee.

    No, it's doing anything that could affect the structural integrity, and cutting through plasterboard to install recessed spots will potentially affect the fire retention ability of the ceiling, which is a particular hazard in flats. And it could increase noise transmission too.
    No free lunch, and no free laptop ;)
  • macman wrote: »
    cutting through plasterboard to install recessed spots will potentially affect the fire retention ability of the ceiling, which is a particular hazard in flats. And it could increase noise transmission too.

    I'm top floor so no-one living above me and have fired rated hoods over all of mine.. but thanks good point.

    I guess it depends on whether OP has people living above them. I think you can get fire rated spots, didn't use these I just used bathroom ones.
  • thoughts
    thoughts Posts: 21 Forumite
    Part of the Furniture Combo Breaker
    Thanks everyone. I am top floor so no-one above me. I've bought IP65 LEDs if that makes any difference?
  • eddddy
    eddddy Posts: 17,980 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    thoughts wrote: »
    Thanks everyone. I am top floor so no-one above me. I've bought IP65 LEDs if that makes any difference?

    The question is more about fire rating than IP rating, although many IP65 downlighters are fire rated anyway.


    Essentially, the issue is that plasterboard is assumed to resist fire for 30 minutes. i.e. if a fire starts in your flat, the people upstairs have 30 mins to get out, or the fire brigade have 30 mins to put it out before the roof catches fire.

    If you cut holes in the plasterboard for downlighters, you would be reducing the 30 mins - unless you're putting fire rated downlighters in the holes you've cut out.
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