Did you get consent from your Freeholder before making alterations to leasehold property?

[Burntout94]

I'm buying a leasehold property that's a bit of a doer upper. I have plans to knock down a wall to create an open plan kitchen diner and block up the old back door and replace a window with french doors. It's occurred to me recently that I might need the freeholder's consent before doing so. I've tried to look at the lease wording but can't make any sense of it. My parents think it's no big deal if I don't but I plan on selling and I'm worried it'll come back to bite me in the backside.

Has anyone made alterations without consent? What happened? With consent? Did it delay things? Was there a fee? Was it a faff?

Yes you need to ask, the freeholder could insist you put it back to the original state. Yes there will be a fee for each alteration I.e wall removal, blocking up door and replacing windows with French doors (which may also require planning consent depending upon where you live)get a solicitor to read the terms of the lease if it is unclear. You won’t be able to sell the property as it is unless the consents have been granted.

It’ll only be a faff if you are not clear about what you are asking for.

Quite likely depends on your property... but I have a leasehold house (quite unusual in many places, but it's normal in our town) and I have an extension and a drive that in all the council approvals, conservation area approvals, building regs etc that I had to do, completely failed to get leaseholder permission (was about 15 years ago). Currently selling and it came up in conveyancing and I will get an indemnity policy for about £200 to square it off with the buyers.

I don't know what the set up is with your property, but with mine the leaseholder permission is just a formality really and not something they'd be likely to refuse.

Depends on the lease, and the leaseholder. I had to get formal permission to put in an extractor fan pipe through the exterior wall. Changing window and door openings definitely sounds as though you'd need permission and I'd expect them to ask for copies of your building regs certificates once the work is completed.

I acted once for a lessee whose predecessor had made alterations without the landlord's consent. The landlord found out ( by peering through the letterbox) and threatened to terminate the lease as the lessee was in breach, unless they were paid some unreasonably large amount. I think it was resolved in the end but at some expense and stress.
Moral= make sure you get the consent before doing anything. Some landlords will seize on the opportunity to make a profit, so find out what their costs will be before committing yourself.

I've just bought a leasehold property. It's new (2008) and doesn't need anything doing to it but I did read on all the legal stuff I'd have to ask the freeholder if i did anything structural.

I'm going to enquire how much it would be to buy the freehold though once I'm more settled

I bought a share of freehold property last year. The previous owners had put in a new front door and window, a wood burner and a new boiler. My solicitor asked for consent forms from the other freeholders and these weren’t even structural things. The flat has been updated a few times in its history (an extension, new kitchen, bathrooms and a change of layout) and there is record of consent going back as far as 2003. You will definitely need to prove consent when you come to sell so it’s worth getting it ahead.

If you are doing something structural you will definitely need freeholder consent (and you should get a structural survey to confirm the wall can be removed as if it's load bearing you could be in a massive amount of pain just knocking it down).

In my block of flats someone put up a wall (to create a hallway and make the lounge into a bedroom to make the flat an HMO) and when they went to sell we refused to transfer the lease unless it was removed.

What we didn't know is he'd also put an ensuite unto the main bedroom and the new owner is now refusing to remove it. We are taking them to court as he inherits the legal responsibility and will also refuse permission to sell if they ever try (it's currently rented out). The risk of shoddy pipework and water leaks is so high it's making us all nervous hence not agreeing to retrospective consent.