We were recently asked a question by a client regarding whether her grandmother would require permission to make structural alterations to her leasehold property. One of our legal experts responded as follows:
Q: My grandmother has lived in the same ground-floor flat for years. As she grows older, she finds it increasingly difficult to get around her home, so we would like to take down some walls to make her bathroom larger and add a garden room or conservatory to her kitchen. The property is leasehold - so is this allowed?
A: Your grandmother's lease will include various restrictions, covenants and stipulations affecting the property.
It should also confirm the extent of the demise. Establish if there is an exclusive right to use the garden, or if the garden is part of the demise, meaning that your grandmother has a leasehold interest in the flat and garden.
Most residential leases include a covenant stating that structural alterations should not be made to the property without the prior written consent of the freeholder. Even if your grandmother owns a share of the freehold, formal consent should still be obtained from the freeholder.
If your grandmother does own the garden and the freeholder's consent is needed for alterations, establish the requirements of the freeholder for granting consent. You should have plans drawn up, agree to pay the landlord's legal and surveyor's fees, and obtain planning permission, building regulations approval, and listed building consent where appropriate.
A deed of variation may be needed to vary the terms of your grandmother's lease. Remember, it is possible the terms of the lease may say that the garden can only be used as a private garden and not for any other purpose and may stipulate that it cannot be built on.
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If you need advice about a leasehold property, please get in touch with our friendly team of property conveyancing solicitors who will be happy to help you.
(main image source: David Hignett under CC BY-SA 2.0)
