Leaseholder alterations: improving your home
If you are planning to carry out alterations or improvement works to your home, you will need to seek formal approval from the council, prior to any works going ahead. The following information provides guidance for obtaining the correct consents, types of work that can and cannot be carried out, plus related fees for obtaining consent for alterations.
Why do I need to do ask permission?
Obtaining approval is a condition of your lease agreement with the council.
To understand more about your lease and how this affects the work you wish to undertake, visit New Tenancies and Leases.
What if I do not obtain permission?
If you undertake works without seeking the council’s permission, otherwise known as an unauthorised alteration, this is considered a breach of the terms of your lease. Unauthorised alterations are a serious matter and could have future implications for you as the leaseholder including:
- reinstating the property to its original condition if the alterations do not meet council standards. You will be required to meet any costs of reinstating the property to its original condition or making any further modifications to ensure compliance with building regulations.
- you are likely to encounter difficulties if you wish to sell your property. If you do not have landlord’s consent for alterations, this can delay the sale of the property as potential buyers will want to ensure that you received the consent for the works.
- if you undertake works that could be considered as dangerous or do not meet standards for the granting of landlord’s consent, the council may also take further legal proceedings.
Obtaining retrospective consent
You can make an application for retrospective consent if you have already started or have completed works without obtaining permission. If you have partially completed work, you are advised to stop immediately as an application for retrospective consent does not guarantee your alteration will be accepted. There will be a non-refundable fee for retrospective applications and are issued at a higher cost than standard applications.
What type of work / what permission is required?
Minor works
Works such as painting and decoration, replacing fixtures and fittings, works of a “like for like” nature.
Works based on a “like for like” basis, for example Kitchen and Bathroom refurbishments – application where formal Landlords Consent is required.
Small scale works for example changes in the layout, moving/removing walls, creating a bathroom/shower room - a Licence to Alteration is required.
Major Works
Larger schemes for example, basement development, loft conversion, roof terrace, extensions, conservatories – where a Licence to Alteration is required. In addition, a Deed of Variation may apply.
Window replacement: Deed of Variation
You will require a Deed of Variation. This is a legal document to vary the terms of their lease. This process will require solicitors on both sides, and it will need to be registered at the Land Registry.
Policy conditions for approval to be granted
The six conditions below must be satisfied for a License to Alter or Deed of Variation to be granted by the Council for the assignment of windows to a leaseholder’s demise:
- correct fees are paid
- there is no known breach of lease, for example no service charge arrears, no unpaid admin or legal fees, no unauthorised alterations or non-registered sublet
- the building is no greater than four storeys: ground, 1st, 2nd, and 3rd floor
- the property does not have a listed status
- the property is not within a conservation area
- major works to replace or repair the windows in your block. Applications for a LTA or DOV and fees, are required before the Notice of Intent (NOI) observation period expires. This is in line with the Section 20 process
Leaseholders will need to manage all future maintenance of any windows they have installed from the date of issue of the Deed of Variation.
Next stages of the process
Your enquiry will be referred to the Housing Management Leaseholder Alterations Team, who will liaise directly with you to progress your application. A fee is payable before the team reviews your application. Fees are non-refundable and collected by the Leasehold Alterations Team.
Licence application
An application usually involves the completion of a standard form and submission of supporting documents / information and payment of associated fees. What will be required will be dependent on the nature of the proposed works. Full guidance will be provided by the Leasehold Alterations Team on what is required to support a successful application which will include:
- scaled drawing plans, showing the existing and proposed layout
- detailed scope of works, listing all the works room by room
- building control approval and/or planning consent from the council
Building Control
You will need to provide Building Control approval for any works which require compliance with Building Regulations.
High rise buildings (18 metres or seven storeys and above in height)
You will need to submit a Building Control application for approval to the Building Safety Regulator. Further information on the application process can be found at: Building control approval for higher-risk buildings - GOV.UK
Non-high-rise buildings (below 18 metres or seven storeys in height)
You will need to submit a Building Control application for approval to a building control body.
Further information on the application process can be found at: Submit a Building Control application.
Following application approval: during and at works completion
Following the approval of an application, additional advice and guidance will be provided on major works.
The additional information which will be required is:
- structural engineer's report
- party wall agreement (if applicable)
- asbestos removal (if applicable)
- contractor’s details and copy of their insurance/liability cover
- for both major and minor works which require licence, resident consultation will need to be carried out by the applicant covering:
- the scope of works, how long the works will take. NB. licence to carry out works is issued for 6 months to complete
- how noise nuisance/inconvenience, dust will be minimised/controlled
- possible need to relocate tenants affected by the works
- claim and compensation as a result of damages to affected properties
- respond to any concerns raised by affected tenant’s
Subject to satisfactory outcome of the application, Licence to Alter will be prepared by the council’s Legal Services.
Please note: Administration and legal Fees are non-refundable under any circumstances once we start to process your application.
You will be liable to pay all costs incurred even if the matter has been aborted.
Fees
Alterations - Letter of consent for like-for-like works |
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Standard application fee - Letter of consent |
£100 |
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Retrospective Letter of consent |
£175 |
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Retrospective Letter of consent (surveyor visit required) |
£250 |
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License for alterations fees |
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License for alterations - Minor works |
£350 |
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License for alterations - Major works |
£850 |
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Retrospective alteration application – minor |
£780 |
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Retrospective alteration application – major |
£1,250 |
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Notice of breach (S146) |
£150 |
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Survey Inspection Fee |
£150 |
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Additional Surveyors fee (hourly rate) |
£75 |
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Alterations / Ad hoc sale |
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Valuation inspection, to purchase additional space |
£650 |
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Deed of Variation |
£580 |
- Additional Surveyor’s fee: £700.00 (if applicable)
Legal fees will also need to be included.
- Licence Fee: currently £890.00, which is subject to change/increase
- Deed of Variation: currently £1,020, which is subject to change/increase
Contact us
You can get more information about the fees above, or anything else to do with alterations to your property by emailing [email protected]
Telephone: 020 7605 6464