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A Licence for Alterations is required when a leaseholder wishes to carry out changes to their property.
Most leases include specific wording that restricts alterations without the freeholder’s prior written consent. Proceeding without consent could result in a breach of lease and, in some cases, the leaseholder being required to reinstate the property to its original layout at their own cost.
The type of work that needs consent under a Licence for Alterations can vary widely—from minor cosmetic changes to major structural works. Ultimately, whether consent is needed depends on the terms of the lease.
Common Works Requiring a Licence for Alterations
While each lease differs, the following works typically require a licence:
1. Changing Floor Coverings
Replacing carpets with hard flooring (e.g. wood or tiles) usually requires consent due to sound transmission. The freeholder may impose conditions such as acoustic underlay, sound testing, or waterproofing measures.
2. Relocating Kitchens or Bathrooms
Altering or installing kitchens or bathrooms in new locations often needs a licence. Conditions may include drainage plans, soundproofing, and compliance with building regulations.
3. Alterations to Services
Changes to gas, water, or electrical systems almost always require consent. Supporting documentation such as safety certificates, contractor insurance, or compliance sign-offs may be requested.
4. Layout Changes
Reconfiguring internal walls—whether structural or not—typically falls under alteration clauses. Freeholders may require structural engineer input, building regulation approval, and interim or final inspections.
5. Window Changes
Replacing or modifying windows is usually governed by lease terms. Consent is often subject to submission of method statements, FENSA certification, temporary access arrangements, and contractor details.
Role of the Surveyor in Licence for Alterations
A Surveyor acting on a Licence for Alterations will assess the proposed works, ensuring they pose minimal risk to the building and neighbouring flats. The goal is to protect the fabric of the property and limit disruption or damage.
Licence for Alterations Process
- Reviewing the Lease
The process begins with reviewing the lease to understand what type of alterations clause applies and whether the works are permitted. - Assessing the Plans
Proposed plans are reviewed to identify potential risks and determine what documents, reports, or assessments will be required. - Initial Contact with Freeholder
The freeholder is formally approached to confirm the leaseholder’s intentions and understand how they wish to proceed. - Information Requests
The freeholder may request various documents, such as construction method statements, certificates, or insurance details. - Site Inspection
A Schedule of Condition may be carried out for neighbouring flats or communal areas, to record their condition before works begin. - Agreement of the Licence
Both parties work with their legal and surveying representatives to agree and sign the Licence for Alterations. Once signed, works can begin. - Interim Inspections
During construction, inspections may be carried out to ensure compliance with the agreed licence terms. - Post-Work Inspection
Once work is complete, a final inspection ensures no damage has occurred and that the property is in acceptable condition.
Types of Leasehold Alteration Clauses
Leases typically include one of the following three types of alteration covenants:
- Fully Qualified Covenant
The leaseholder may alter the property with the freeholder’s consent, which cannot be unreasonably withheld. - Qualified Covenant
Alterations are restricted unless the freeholder grants permission. This consent is at their discretion and may be withheld without reason. - Absolute Covenant
All alterations are strictly prohibited unless the freeholder agrees to waive the restriction entirely—often very difficult to obtain.
If you need help interpreting your lease or planning alterations, it’s advisable to speak with a qualified Surveyor familiar with leasehold matters and Licence for Alterations procedures.
