Planning permission costs from freeholder?

[Comff]

I’m confused about doing building works to a leasehold flat, can anyone help?

It’s a ground floor flat with a private garden. We’d like to extend (single story, very small amount <3m) into the garden and put in a new kitchen.

I knew I’d have to seek the freeholder’s permission but someone’s mentioned I also have to pay them and that’s come as a shock to me!

Does anyone know why I have to pay them? And roughly how much?

You’re changing the extent of the flat (look at the plan in your lease- it’s usually edged red). Legally that results in a new lease, which the landlord will require you to pay the costs of. They will charge you for permission too.

Rubbish advice above.

If you own the garden (i.e. it is shown as part of your title at the land registry) you can build on it subject to obtaining the freeholder's consent to alterations which is likely to be required under your lease. Some leases prohibit all alterations in which case the freeholder can refuse consent but it is more usual that a freeholder's consent cannot be unreasonably withheld. You will not need a new lease but you will need License for Alterations and your freeholder is entitled to recover their reasonable costs.

If you don't own the garden then it's not yours to build on. In that case you'd need to negotiate a new lease of the area you want to build on and the freeholder is under no obligation to agree so could charge whatever they like.

The garden is a part of the title. Looking it up, costs for a License for Alteration seem to be £2/3k which is a lot! I’ll go and read more about it. Thanks for pointing me in the right direction.

If OP is extending the building, it’s extending the demise of the flat which automatically triggers a surrender and re-grant @HolidayHappy123 .

You know you'd need to apply for planning permission from the local council too?

Yes this part I’d expected.

Getting written permission from the freeholder I’d also expected.

Costs associated with dealing the freeholder I hadn’t! I thought it would be an email, a little bit of admin and potentially small admin costs.

You need to contact the freeholder really. There’s no law on what they can charge for permissions, so that varies wildly.

Does the demise include the garden? If so, you aren't adding land to the demise so it won't be a surrender and re-grant.

She has confirmed that the garden is within the title therefore it is already demised. The demise is not just the bricks and mortar but gyro garden as well.

Hi did you ever get the figure from the freeholder ? I was told I needed to pay £405 for a letter to convert my internal garage into a room. I think this is steep to just write a letter and wondered what others have been charged and came across this post