Removing wall in share-of-freehold flat

DontTellMyMother

We'd like to remove an internal wall in our share-of-freehold flat. This would be done in accordance with building regulations and we'd advise the managing agents. No application has yet been lodged but already people are being sniffy – "Oh, they'll never allow that" – and so on. Can such an application really be opposed by managing agents and/or other leaseholders? Thanks in advance for comments.
DTMM

Slithery

What does your lease say?

But usually yes, you need permission from the freeholder(s) to make any interior alterations.

DontTellMyMother

Thank you - but nothing in the lease one way or the other.
I was thinking that a reasonable request could not be refused.
DTMM

eddddy

DontTellMyMother wrote: »

Thank you - but nothing in the lease one way or the other.
I was thinking that a reasonable request could not be refused.
DTMM

It would be unusual for a lease not to say anything about structural/internal alterations.

A lease might say that you cannot make structural alterations - in which case you're probably stuck.

Or the lease might say you need the consent of the freeholder - in which case, consent must not be unreasonably refused.

But if the lease really says nothing, and it says the wall belongs to you - I guess the freeholder can't stop you.

DontTellMyMother

Thank you ... very helpful.
DTMM

kingstreet

It seems likely that you, as the leaseholder of your flat, would make an application to the freeholders of the block (including yourself if you own part of the freehold) for permission to carry out such an alteration.

You, along with the other joint freeholders would make a decision on acceptance with any terms.

You need to put on and take off your leaseholder and freeholder hats depending on what you are doing.

AdrianC

You aren't removing a wall from a "share-of-freehold" flat.

You're removing a wall from a leasehold flat.
You need to get the freeholder's permission.

You also, separately, happen to have one vote to decide the freeholder's answer.

DontTellMyMother

Thank you to everyone who has responded.
In fact, the lease does state that consent is required and now I'm wondering about the procedure if this is refused.

eddddy wrote: »

Or the lease might say you need the consent of the freeholder - in which case, consent must not be unreasonably refused.

I can see that people might object on the grounds of noise and "this-has-never-happened-before". How can one appeal if consent is refused? Is this a court matter?
DTMM

AdrianC

DontTellMyMother wrote: »

In fact, the lease does state that consent is required and now I'm wondering about the procedure if this is refused.

As a leaseholder, the structure of the building is not yours - it is the freeholder's. As a leaseholder, you are basically renting that structure for a very long period. It is absolutely within the freeholder's rights to refuse to allow a leaseholder to modify their asset. You can ask them to re-think, but you certainly cannot insist, nor can you take any kind of legal action. On what grounds?

As a part-owner of the freeholder, you get one vote towards whether the freeholder allows that modification or not. If your fellow joint owners disagree, then you have been out-voted. Simple as that.

DontTellMyMother

Thank you, AdrianC.
I take the point about a majority being required - yet I've heard eddddy's comment (reasonable request cannot be refused) voiced before.
I wonder whether anyone has had direct experience of such a matter.
DDTM

AdrianC

DontTellMyMother wrote: »

I take the point about a majority being required - yet I've heard eddddy's comment (reasonable request cannot be refused) voiced before.
I wonder whether anyone has had direct experience of such a matter.

Refusing a structural modification to the building would not be unreasonable.

If, otoh, we're only talking about a non-structural partition wall, then it's a very different question.