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Obtaining a Licence to Alter from the Freeholder in a Flat Development
Friday 4th October 2024
If you're planning alterations to your flat within a building development, securing a Licence to Alter from the freeholder is essential. This formal agreement grants permission for specific works that could impact the building's structure, communal areas, or services. Here's a step-by-step guide on how to obtain a Licence to Alter and the types of work that typically require one.
Types of Work Requiring a Licence to Alter
- Before beginning any work, it's important to understand what kinds of alterations require permission. Common works that need a Licence to Alter include:
- Internal layout changes (e.g., moving walls or creating new rooms)
- Window replacements
- Relocation of bathrooms or kitchens
- Installation of wooden flooring (which can affect noise transmission)
- Fitting air conditioning units, extractor fans, or plant equipment
Check your lease for clauses that specify which alterations require consent. Leaseholders with arrears in ground rent or service charges are unlikely to be granted a licence until their account is settled.
Documentation Needed for the Application
When applying for a Licence to Alter, you'll need to submit detailed documents to the freeholder or their surveyor, clearly outlining the proposed works. These include:
- Existing Floor Plans: Showing the current layout of your flat.
- Proposed Floor Plans: Illustrating the planned changes.
- Copy of Your Lease: To verify the alteration terms specified in your lease.
Builder's Work Drawings: Detailing the full scope of work, including:
- Demolition plans
- Structural alterations
- Fire regulation compliance
- Changes to bathrooms, kitchens, or plumbing systems
- Proposed Schedule of Works: Listing each step of the project, including electrical and lighting changes.
- Certificates and Notices: Proof that the works comply with statutory regulations. If required under the Party Wall etc. Act 1996, provide relevant notices.
- Test Certificates: For any changes to gas, electricity, or other services.
- Asbestos Survey: If asbestos is suspected, a Type 1 survey may be needed.
- Alterations to Landlord's Services: Certification showing compliance with building service changes.
- Insurance Documentation: Proof that contractors are adequately insured.
- Health and Safety Compliance: If applicable, submit an F10 notice and a construction phase health and safety plan.
Surveyor's Role and Fees
The freeholder will usually appoint a surveyor to assess your application. This surveyor ensures that all documents are complete and that the proposed work meets the building's safety and regulatory standards. The surveyor's fees are typically covered by the leaseholder and will need to be paid upfront.
In some cases, the freeholder's surveyor may require consultation with structural engineers or other specialists. These additional costs are also the responsibility of the leaseholder.
Schedule of Condition
Before the work begins, the freeholder's surveyor will conduct a Schedule of Condition to document the state of communal areas. This protects both parties by recording any existing damage to communal spaces and preventing disputes over potential damage caused by your works. In some cases, a Schedule of Condition may also be required for neighbouring flats.
Damage Deposit
You may also be required to provide a damage deposit, typically a minimum of £1,000. This deposit acts as security for any potential damage to communal areas or neighbouring properties during the construction process.
Final Thoughts
Obtaining a Licence to Alter is a crucial step when planning significant changes to your flat. Proper preparation and submitting the correct documentation will help ensure the process runs smoothly. Incomplete applications or failure to follow procedures can result in delays and additional costs. Make sure you're aware of your obligations, including surveyor fees and potential damage deposits, before proceeding with any alterations.