Licence for alterations - how long can it take?

euromike

I purchased a flat in a modern residential building. The freeholder is a large company that owns and manages properties throughout the UK. I actually bought the flat off them as they were the receiver when the entire development went bust in 2008.

I'm looking to refurbish the flat which is showing fairly significant wear after 10 years of being rented out. I'm replacing kitchen, 2 bathrooms (repositioning units e.g. shower, too), new floors both inside and out (balcony). I'm also moving the position of 1 internal door, within a dry-lined partition wall. I already have assurance in principle from a Building Controller that a full sign-off will be granted based on what I showed them I was looking to do.

My leasehold says I should "not to make any non-structural alterations without the consent of the landlord, which shall not be unreasonably withheld or delayed".

It's been 3 weeks since I submitted my request, I'd like to, at least, hear back from them with some initial feedback.

(1) are my changes structural?
(2) if I'm replacing balcony timber flooring, but the balcony is entirely surrounded by solid concrete walls i.e. not visible from the street, does that "affect external appearance" of the building?
(3) how long may I have to wait for the approval? And would you risk starting any work at all (e.g. removing the existing bathroom appliances) before consent is granted? I'm losing money in rent every week I'm not moving to the new flat, and I'm willing to take some risk here. What's the worst case scenario?

eddddy

Have you asked the freeholder or their agents how long the process normally takes and/or how far your application is through the process?

Regarding the changes you plan to make...

You say a 'dry-lined partition wall'. If you mean a stud partition wall, moving a door isn't structural (by most people's definition).

But if you mean a dry-lined brick/block/concrete wall, that is more likely to be structural.

When you say "new floors", leases often have a requirement for carpeting. If you're planning on laminate/wood only, check your lease.

Some Freeholders charge a higher fee for retrospective consent (i.e. if you start work before you have consent). Check your lease, and/or ask your freeholder/agent.

euromike

eddy:
(1) it's a dry-lined, stud partition wall. I could knock it through with a good punch. it's hollow inside and definitely non-load-bearing
(2) floors are already wooden throughout. So I'm only replacing like-for-like. Balcony, different story, it's covered in (poor quality) timber flooring; in English weather, very shortly these get covered in green algae/moss, so I'd be looking to replace all for tiles.
(3) if re-positioning units within bathrooms (moving the toilet from one wall to another, for example), these are non-structural, too, right?

Freeholder tells me to deal with their managing agent. They, in turn, are being incredibly unhelpful to the point of being obstructive: I've been chasing them for precisely the sort of update you suggested I get (how long it normally takes) and probably rubbed the agent the wrong way as she explained to me that "it will take however long it needs to take, and if I want I can take them to the Tribunal" (last thing I need).

I'm losing £500 a week in rent by not moving in; also, the builders want to schedule their work. So I'm really considering just telling them to go ahead with the work starting early January; what's the worst that can happen? Will the difference between "normal" and retrospective consent be more than say 2 weeks' worth of rent (£1000)?

Also AFAIK none of the neighbours bothered with obtaining a licence. I don't know the exact scope of their projects though.

eddddy

You could try phoning the Leasehold Valuation Tribunal for advice: http://www.lease-advice.org/aboutus/

If you want to get 'heavy' with the freeholder/agent, I guess you can try giving them written notice, either that:

- They are delaying your application unreasonably, so you intend to start the proposed alterations anyway

or

- They are delaying your application unreasonably, so you intend to start claiming damages from them i.e. The £500 per week that their unreasonable delay is costing you.

The problem is, the law doesn't quantify 'unreasonable delay' in terms of days or weeks. Ultimately, the Tribunal would have to decide what is reasonable in your case.


Just another thought... if your freeholder is difficult, they may decide that moving a door requires a lease variation (because the lease plans would show the door in the wrong place). That is likely to be expensive.

See: http://www.lease-advice.org/information/faqs/faq.asp?item=141

euromike

this is clearer now, thanks. So would you say proceeding with most of the works: re-flooring the balcony; replacing wooden floors inside; re-doing bathrooms for the time being is a good, reasonably safe alternative? And waiting for the full licence in the meantime, before carrying out the works which have to do with re-positioning the internal door.

G_M

I would be wary about replacing/moving/changing any of the 6 faces of the flat (4 walls, floor, ceiling.

Inside that area (eg kitchen units, bathroom suite etc) is fine.

Your plans have probobly been passed on to a surveyor to review/comment on - these things take time which is, yes, frustrating.

Worst option is that you do works and they then make you undo them!

And rubbing them up the wrong way prematurely might influence what they end up permitting you to do........

euromike

G_M, thank you too for replying.

when you say "anything inside is fine", do you suggest that these inside works can be started without waiting for the permission?

4 walls -> you mean the main, structural walls which define the limits of my flat? Other than re-painting, re-plastering and maybe moving some electrical points I'm not doing anything there. Is that fine?

Ceiling -> just installing some extra lights. Fine?

flooring -> as discussed. I'm not installing new underfloor heating, for example. Just replacing like-for-like the existing timber flooring

But yes, you're right about not rubbing them up the wrong way too early. I'll wait a week more or so.

What frustrates me somehow is that they're not coming back with any feedback. For example, I submitted the original description of works a month ago; it was only after 3 weeks of chasing when I was told a plan/drawing will be needed. I'm a bit worried that they may now come back again and say this and that and that is needed again..

G_M

euromike wrote: »

G_M, thank you too for replying.

when you say "anything inside is fine", do you suggest that these inside works can be started without waiting for the permission?
I'm suggesting they don't require consent.
* put a bed inside a room - fine.
* put a cupboard in a room - fine
* screw a cupdoard to an existing wall of a room- fine
* remove an existing wall - requires consent

4 walls -> you mean the main, structural walls which define the limits of my flat?
No. All the walls.
Normally changing the layout /room configuration requires consent.

Other than re-painting, re-plastering and maybe moving some electrical points I'm not doing anything there. Is that fine?
paint, plaster go on the existing walls - fine
Moving electric points ( which are scewed onto existing walls) - probobly fine unless it involves digging the walls themselves to access wiring

Ceiling -> just installing some extra lights. Fine?
you're screwing them to an existing ceiling - fine

flooring -> as discussed. I'm not installing new underfloor heating, for example. Just replacing like-for-like the existing timber flooring
Based on the one brief sentence in the lease you've quoted, I'd say fine, since you are not altering, but relapiring/replacing like-for-like. But I'd read the entire lease carefully........

But yes, you're right about not rubbing them up the wrong way too early. I'll wait a week more or so.

.

note: just noticed. Does the lease really say:

not to make any non-structural alterations without the consent of the landlord,

That 'non' is worrying as it implies you can't do anything...........

euromike

Relevant paragraph from the lease in full:
"ALTERATIONS
8.1 Not to make any structural alterations nor make any non-structural alterations that affect the exterior appearance of the Building
8.2 Not to make any internal non-structural alterations without the consent of the Landlord (which shall not be unreasonably withheld or delayed) and except in accordance with plans and specifications of such alterations that shall first be approved in writing by the Landlord (which approval shall not be unreasonably withheld or delayed).
8.3 (in short - it says I need to get all relevant consents - so Building Regs)"

so yes, approval needed for alterations. Sounds like moving that door is the only actual "alteration" I'm looking to do though. Nothing in the lease says anything about flooring (I've heard of leases that do stipulate certain types of flooring, or for example require sound screening fabric to be laid under wooden floors, etc - no such thing here).

My plan therefore
- book builders for early Jan
- do bathrooms, kitchen, floors first
- leave the moving of internal door and replacing outside terrace flooring last
- not chase the freeholder too agressively just yet..

Finally, on 8.1 above - does re-tiling the balcony (which is currently covered in timber) constitute "altering the exterior apperance of the building"? It's definitely not visible from street level (balcony has no metal or glass railings, just solid cement walls around it).

macman

Be very careful about adding downlighters to a ceiling in a flat (if that's what you plan), as this can affect the fire resistance of the ceiling as well as the sound insulation, so the lease may restrict what you can do without approval in this respect.

euromike

G_M, I'm a bit lost, can you please elaborate?
My solicitor's (at the time of buying) advice was, "as long as non-structural, you'll get consent and be fine". I can't see what the big difference is btw what I originally posted, and the full lease terms.
Anyway, obviously your post suggests I may have been too optimistic there.
In light of what I just posted (lease terms), what is the best course of action for me?
Edit: I can perhaps add that the flat obviously needs work; I bought it FROM the freeholder; and I indicated to them that I'd be looking to do a refurb