Leashold- consent for removing wall

TobyTell17

Hi

New to this forum and was looking for some advice, my flat is a leasehold (private purpose built flat)and I wanted to knock down the kitchen wall to make it open plan with reception to give me more space, I made an application to freeholder through management company with a report from structural engineer that states the wall is non load bearing. They replied stating the fees for a license to alter which amounted to 2k in total. I think this is a crazy amount for a small stud wall. I was actually going to cheekily remove without consent and worry about getting retrospective consent when I sell or offer indemnity insurance to buyer. I assume that either option would not amount to anything more I would be charged now? my only concern is now I have asked for permission they are aware of my intention and I'm worried they will follow me up and check. I could just abandon the idea and think I would rather do this than forfeit 2k at this stage, any advice?

eddddy

What does your lease say about this kind of alteration (removing a wall)?

For example, does it say

• No alterations?
• No alterations without consent?

If your lease says 'no alterations without consent', then the law says that the fee for granting consent must be 'reasonable'.

Has the management co given a breakdown of the £2k?

At one extreme, if they're just going to sign a template letter giving you consent - that would be a simple admin task - so a reasonable fee would probably be well under £100.


But if they're going to instruct a surveyor, a structural engineer, etc to check your plans, you would have to pay their fees...

...or you could argue that it's not 'reasonable' to instruct a surveyor or structural engineer, etc in these circumstances.

eddddy

need_an_answer wrote: »

I've not come across retrospective permission being granted for alterations...

If, for example, the lease says "no alterations without consent", the law says that consent cannot be unreasonably withheld.

That would include retrospective consent.

i.e. A freeholder cannot refuse consent simply because the work has already been done.

But obviously, they can refuse consent, in advance or retrospectively, if there are good reasons (e.g. Fire safety, structural integrity).

davidmcn

need_an_answer wrote: »

I've not come across retrospective permission being granted for alterations

The fact it's retrospective shouldn't make any difference. It wouldn't make sense after all to be required to reinstate the wall, and then told it can be removed again provided you ask first.

need_an_answer

OK guys...I take the hit...and ive deleted the post.

Perhaps you both took out of context what I actually wrote and to avoid any confusion or further comment that detracts from the OP's original question i'll take all my words away not just the one line you've cared to pick up on

SmashedAvacado

£2k is probably not an unreasonable fee for the landlord to incur in terms of approving the plans and then legally documenting the alterations. The delay to these things (and the increased fee resulting from it) usually comes from not submitting proper plans and not agreeing the licence to alter quickly. Perhaps you can make the point that the fee is high and ask for a lower one - but i wouldnt guarantee that they are being unreasonable.

I would not go down the route of not getting consent - as a buyer will probably insist on you getting retrospective consent and this might delay any sale - and will still cost you the same.

TobyTell17

Hi thanks for all replies

the breakdown for the costs are as follows
£700 premium
£720 managing agents costs
£762 Freeholder's solicitors costs

From memory the lease says there is a complete ban on any alterations. I've already provided them a note from stuctural engineer to say its non load bearing and this change does not need build regs conssent (I already checked with council)

SmashedAvacado

Ok - whilst there may be a complete bar on any alterations, as a matter of law you are entitled to make alterations provided that they do not harm the landlord's interest in the property (which these won't)

If you google "housing act alterations consent premium" and click on the first result it talks you through your rights.

TobyTell17

Thanks all for your advice I have decided not to remove the wall- it all seems a bit of headache and not worth the fear of being caught out when I had intentions to be honest and pay the fees...well before I realized how much they would be!