Consent for alterations to a share of freehold flat

[Chickpeabiryani]

Would be grateful for anyone’s advice or experience on this as we’ve never lived in a flat before. Management company are insisting that we need their consent to divide a bedroom with a stud wall. I thought owning a share of the freehold would give us the right to do as we like if doesn’t affect the building. Could we challenge this legally or is the lease binding?

The Lease is binding. You will need consent to make any alterations to the layout of the flat, though there may be some leeway if your share of freehold is like 1. below. Within the lease, there should be a coloured lease plan. If you come to sell in the future, your flat layout should match the coloured lease plan.

A 'share of freehold' can be either:

1. A leasehold flat

Joint ownership of a freehold building (i.e. the 2 leaseholders jointly own the freehold building)

1. A leasehold flat

A share in a company (And the company owns the freehold building)

Of course, if the stud wall is a fairly temporary structure, you could do the work and then dismantle it when you come to sell in the future

You have 2 “hats”here- your leaseholder hat and your freeholder hat. They don’t combine.