Identify the relevant clauses
Start with the definition of the flat, its plan and the alteration covenants. Check whether the proposed work affects only the flat's interior or also the structure, external walls, roof, common parts or services. Those elements may be outside the leaseholder's ownership or control. [3] [1]
Do not treat every consent clause as identical. There is an important difference between a prohibition and a clause allowing alterations with permission. The correct legal position depends on the actual drafting and the work proposed; a general statement that a landlord “cannot refuse” is unsafe. [1]
What should the application contain?
Prepare a package that allows the landlord or managing agent to understand the proposal. Useful contents include:
- Existing and proposed drawings identifying the affected parts of the building.
- A description of the work, relevant structural information and the proposed contractors.
- Evidence of required statutory approvals and arrangements for insurance and carrying out the work. [1]
Ask who is authorised to approve the proposal and whether a formal licence to alter is required. Get the agreed scope and conditions in writing. The drawings attached to the consent should be the drawings the contractor will use, rather than an earlier option. [1]
Budget for the consent process
There may be administration, legal or surveyor costs, depending on the lease and application. A fee is not automatically valid simply because it has been requested: variable administration charges can be challenged for reasonableness through the First-tier Tribunal. Obtain an itemised explanation before agreeing the appointment or payment. [3]
No standard fee or response time applies to every flat. Ask for the process, information requirements and proposed charges at the outset rather than building a programme around an assumed approval date. [1]
Keep fire safety and technical approval separate
Replacing a flat entrance fire door needs particular care. Check ownership and consent, as well as the required fire performance, compatible components and competent installation. Permission for a cosmetic door replacement is not proof that the installed doorset meets its safety requirements. [4]
For work in a higher-risk building, confirm whether Building Safety Regulator approval is required before starting. Some limited categories are exempt or follow other routes; the exemption must fit the actual work. [5]
What about leasehold reform?
The government's current toolkit distinguishes measures already in force from further changes to service charges, insurance, litigation costs and commonhold. Announcements about reform do not themselves amend the alteration wording of an existing lease. [6]
Keep the final licence, approved drawings and completion evidence with the lease. Obtain property-specific legal advice where the clause is disputed or the work extends beyond the existing demise.