A Retrospective Licence for Alterations may be required where works have already been carried out to a leasehold property without obtaining the freeholder’s required consent.
This situation is relatively common and can become apparent when a property is being sold or remortgaged.
Why might consent be needed?
The lease may require the leaseholder to obtain consent before making particular alterations.
Depending upon the lease, this could include structural changes, alterations to internal layouts, changes to flooring or other works.
The precise requirements should be established from the lease.
What happens retrospectively?
The objective is generally to document the alterations and provide the freeholder with sufficient information to consider whether consent can be granted retrospectively.
Depending upon the works, supporting information may include:
- Drawings
- Photographs
- Building Control documentation
- Structural calculations
- Specifications
- Electrical or gas certification
- A surveyor’s inspection
The requirements will depend upon the nature and extent of the works.
Will the works have to be removed?
Not necessarily.
A retrospective application does not automatically mean that completed works must be reversed.
The freeholder will need to consider the lease and the nature of the alterations, including whether they affect the structure, common parts or other properties.
Stokemont’s advice
If you discover that alterations were undertaken without the required consent, do not assume that the only solution is to remove them.
The first step is to establish what was actually undertaken and what the lease requires.
Stokemont assists leaseholders with retrospective Licence for Alterations matters, including inspections and supporting surveying information where required.
