Licence to Alter: The Comprehensive Breakdown [2022]

Recommended

Hire a Solicitor

A solicitor can help you throughout every stage of the licence to alter process. A licence to alter is a legal document that can affect your property interests. A solicitor will make sure that all alterations made to the property are done legally and accurately recorded with your best interests in mind. It is recommended that in complicated cases, both the leaseholder and the landlord seek expert advice from a property solicitor.

Hire a Surveyor

Some surveyors provide a licence to alter service. They can help you check your lease, review the alteration, obtain consent from your landlord and draft the licence. People tend to use a surveyor in less complex, low stake licence to alter situations. It is recommended that you get a solicitor’s input if your situation isn’t straightforward.

Step 1

Check your Lease

First check the terms of your leaseto find out what improvements are allowed, and any other details about what licence to alter is needed for your particular situation. Most leases have a licence to alter clause. Contact a solicitor for advice if your lease does not have one or if you are unsure how to proceed.

Step 2

Get consent from your Landlord (and other parties)

At this point, the leaseholder should assemble the relevant documents, providing a description of what will change including specific details about the alterations, how they will be achieved, a timeline and any other plans / drawings / calculations. This will be presented to the landlord. The landlord’s solicitor or surveyor will advise on whether it is wise to allow the changes based on how they will impact the property. You may need permission from other people before starting any building work. For example,planning permission , party wall approval, building regulations approval or bank / mortgagor consent.

Step 3

Write the Licence to Alter

The landlord’s solicitor is responsible for preparing the draft Licence to Alter. The landlord might want to include certain clauses like: the ability to inspect / monitor the works, an obligation to obtain planning permission and other insurance approvals, restrictions on working times and an obligation to pay for the repairs if any communal areas are affected. The leaseholder's solicitor will advise on whether the clauses are appropriate given the scope of the works and what is in the lease. Once every part of the licence to alter is agreed and consented to, a solicitor or surveyor will make an application to get it approved.

Step 4

Carry out Alterations

A licence to alter is usually granted where permission from everyone involved has been obtained. Once you have a Licence to Alter you are able to carry out the alterations to the property (in accordance with the condition set out in the licence).