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Share of Freehold: Licence to Alter and Party Wall help!

6 replies

extensionapprehension · 23/09/2021 12:44

Hi friends,
Hoping someone has gone through something similar and can offer advice!
I'm planning an extension on my ground floor flat. I share the freehold with upstairs, and the lease stipulates a Licence to Alter is required for any works. I'll also need a Party Wall Agreement in place with upstairs.
Getting quotes from surveyors for Party Wall stuff, and one mentioned we wont need a LTA AND a PWA, as the PWA can act as the LTA.
The other surveyor I spoke to was unsure, and I can't find anything online.
Has anyone used a PWA as the LTA? Is this even possible?!
Thanks!

OP posts:
Beebletini · 23/09/2021 13:50

Caveat, not a solicitor but been through this. License to alter is normally dealt with through a solicitor, you will need to pay the other freeholders costs aswell. The solicitors will create an addendum to your leasehold/deeds confirming agreement of works by both parties (and any changes/approval to covenants as applicable). PWA is not the same thing. Most importantly do not just think it's ok to go ahead with just a verbal agreement from other freeholder. If it's not included in your lease documentation you will technically be in breach of lease when you come to sell and you will need to go through the process anyway to rectify.

extensionapprehension · 23/09/2021 16:17

Thanks @Beebletini
This is what I thought, but the surveyor thought otherwise and I wanted to get a second opinion! I've also seen lots of surveyors who state they can prepare the licence to alter but as it's part of the lease I thought it would need to be a solicitor.
I'm also struggling to find solicitors who will do the Licence, as ones I have contacted say our conveyancing solicitor should be able to help, but they say they don't do the Licences! Doing my head in with all the conflicting info.

OP posts:
Beebletini · 23/09/2021 16:31

@extensionapprehension god yes, It's super confusing. I guess a surveyor would be able to help with the initial planning of works as assuming anything 'structural' you will need plans drawn up for anyway (which is also something you'd have to get amended on your deeds as otherwise floorplan of demised areas will not match if you have extended). However my understanding is ultimately a solicitor should draft the legal documents. This link here seems to suggest that too www.blsurveyors.com/services/surveying/licence-to-alter/ If you and other freeholder agree no issues then it should not be too expensive to sort, I guess maybe solicitors have more lucrative work at the mo given the imminent stamp duty cut off. If you are a member of any local Facebook groups its always worth asking for recommendations on there if anyone has used firms for similar.

Beebletini · 23/09/2021 16:37

And really a PWA covers only covers the structural stuff, recording current state of both properties so that any damage that happens during works can be identified as such and recified in an agreed manner. Its definitely not the licence, it's confusing as you can rightly assume if your joint freeholder is signing the PWA that they are agreeing to works but it is separate to the legal lease side of things so best to just have that all above board. The joys of shared freeholds being both leaseholder and freeholder!

extensionapprehension · 23/09/2021 16:49

Bleh. Buy a share of freehold they said.
All this red tape, I'm starting to wonder if the works are worth it!

OP posts:
Jarstastic · 24/09/2021 18:26

Do you have a management company or just the 2 of you manage between yourselves?

If a management company they will be well used to dealing with License to Alter and should have a surveyor. They would use a lawyer and youd pay the legal fees for the company that owns the freehold.

I have not heard of PWA in this scenario.

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