Formal consent: do I need to let the freeholder know if I make changes to the leasehold flat I own?

Question: My flat is three years old and I’ve owned it from new.

There are double doors from the kitchen to the sitting room. I’d like to remove them and enlarge the gap to make an archway between the two rooms.

The freeholder says I need their formal consent; that they need to see building regulations consent before giving permission, and that I must pay their usual charges.

Is this normal?

Answer: Most residential leases require the lessee to get prior written consent of the landlord for any structural change to demised premises. The terms of your lease should detail the landlord’s requirements for granting consent to alterations.

Leases often provide that the landlord’s consent must not be unreasonably withheld. So, if you obtain building regulations approval your landlord should grant you the consent you need.

It is common for the lease to require the lessee to pay the landlord’s surveyor’s fees related to the application, and also for a reasonable admin fee to be charged for dealing with the application for consent to alterations.

The admin charge should be accompanied by a summary of leaseholders’ obligations and rights in respect of such a charge, or it may not be payable.

Give your landlord as much information as possible about your plans, including giving them copies of any surveyor’s or architect’s drawings you may have.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.