In this week’s Property Surveying blogpost topic, we are going to be discussing Licence for Alterations or Licence to Alter, and the issue that is common amongst many Leaseholders who are embarking on the Licence for Alterations process.
Under the terms of the lease, in more cases than not, the Freeholder will need to give the Leaseholder their written express permission for them to undertake their proposed construction work.
However, there are instances whereby a Freeholder, without reason, can refuse a Leaseholder’s proposed works, effectively stopping them dead in their tracks.
This type of issue, can arise if the lease is onerous, or highly restrictive, and effectively requires the Leaseholder to obtain freeholder consent, however does not extend that coverage any further, to effectively safeguard against this type of situation.
It is therefore imperative, that prior to purchasing a property, or prior to embarking on the costly process of construction work, a Leaseholder has a thorough understanding of their lease, to effectively ensure that they are on the right side of this type of situation.
Should the Leaseholder find themselves in a position where they are a party to an onerous and highly restrictive lease, there is not a great deal that they can do from a legal perspective. First and foremost, and before they incur too much cost on the overall work, we would advise that they discuss the proposals with the Freeholder, effectively with the aim of trying to establish if that Freeholder will indeed be facilitating with their work, or ultimately whether they are going to refuse it.
It is one of those times when neighbourly relations are key, and therefore we would advise a very careful and thought-out approach, as ultimately that will ensure that you can get the most positive response, ultimately moving towards a firm understanding of whether the works can go forward or not.
If you would like to discuss your Licence for Alterations requirements with us, give our team of qualified and experienced Chartered Surveyors a call today, and we will be more than happy to assist you.
