Licence to Alter: A Practical Guide for Leasehold Flat Owners

This guide explains how licences to alter generally work for leasehold flats in England and Wales. It is not legal advice. Every lease is different, so always read your own lease and speak to a solicitor or conveyancer before you start work.

If you own a leasehold flat and want to renovate it, there is a good chance you will need your freeholder’s permission first. That permission is usually given in a document called a licence to alter. It is one of the most common reasons flat renovations start late, so it pays to understand it before you book a builder.

What is a licence to alter?

A licence to alter is a formal written consent from your landlord (usually the freeholder, sometimes a head leaseholder) allowing you to carry out alterations that your lease would otherwise restrict. It is often drawn up as a deed and sits alongside your lease. It describes the approved works, often with drawings attached, and sets conditions such as working hours, insurance and who pays the landlord’s costs.

The need for one comes from the lease itself. Most leases include an alterations clause, and the wording matters:

• Absolute prohibition: some alterations, often structural ones, are simply not allowed. The landlord can choose to agree a variation, but does not have to.
• Qualified covenant: the alteration is allowed only with the landlord’s consent. Depending on the wording and the type of work, the law may say consent cannot be unreasonably withheld, but this is an area where a solicitor’s view of your specific lease is worth having.
• No restriction: some minor or non-structural work may not need consent at all.

If you own a share of the freehold, you may still need a licence. The freehold company is a separate legal entity, and the other shareholders or directors usually have to agree.

When do you need a licence to alter?

It depends entirely on your lease, but in London flats consent is commonly needed for:

• Structural changes: removing or altering walls, especially load-bearing ones, forming new openings, or anything affecting the structure the freeholder is responsible for.
• Moving a kitchen or bathroom: relocating wet rooms or kitchens usually means new waste runs and connections to shared soil stacks, and can affect the flat below.
• Flooring: many leases, particularly in mansion blocks and conversions, require carpet or a specified acoustic underlay. Replacing carpet with wooden or tiled floors often needs consent and an acoustic specification.
• Windows and external changes: windows are often part of the building the freeholder controls. Replacing them may need consent, and in a conservation area or listed building, planning or listed building consent too.
• Services: moving the boiler or flue, new extraction through an external wall, or changes to shared risers and pipework.

Redecorating and like-for-like replacement of fittings often need no consent, but do not assume. Check the lease first.

The process, step by step

Every freeholder has its own procedure, and council or housing association freeholders often use their own forms. Typical steps:

1. Read your lease. Find the alterations clause and any rules on flooring, working hours and the landlord’s costs. Your solicitor can help if the wording is unclear.
2. Contact the managing agent or freeholder to ask how they handle applications and what they need.
3. Prepare the application pack. This usually includes existing and proposed floor plans, a schedule of works, a method statement, the contractor’s insurance details, and structural calculations where walls or beams are involved.
4. Agree to cover the landlord’s costs. Many landlords ask for an undertaking to pay their legal, surveyor and managing agent fees before they start.
5. Review and inspection. The freeholder’s surveyor may review the plans, ask questions, and sometimes inspect the flat.
6. The licence is drafted and agreed, usually by the landlord’s solicitor, with your solicitor checking the conditions.
7. Licence completed, works start. Some licences require an inspection at the end, or the submission of Building Control completion certificates.

Who pays?

In most cases the leaseholder pays. Leases commonly require you to cover the landlord’s reasonable costs of dealing with an application, which can include legal fees, the managing agent’s fee and the surveyor’s fee, plus your own solicitor if you use one. The amounts vary widely between freeholders and depend on the complexity of the works. Before you agree to pay, ask for a written estimate or a cap on the fees, and budget for them alongside the building work, because builders’ quotes do not normally include them.

How long does it take?

Timescales vary widely. A straightforward application with complete documents may be dealt with in a matter of weeks. Structural work, a freeholder’s surveyor who needs to inspect, slow replies or back-and-forth over conditions can stretch it to several months. The most avoidable delay is an incomplete application. If you are buying, you can often start talking to the managing agent before completion, though the licence will normally be granted once you own the lease.

What happens if you go ahead without one?

Carrying out works that need consent without getting it is usually a breach of your lease. Depending on the lease, the freeholder may ask you to apply retrospectively (which can cost more and is not guaranteed), require you to reverse the work at your own cost, or claim damages. In serious cases a landlord can try to bring the lease to an end through forfeiture, although there are legal protections for leaseholders. Unauthorised alterations also tend to surface when you sell, because the buyer’s solicitor will ask for copies of any licences, and missing paperwork can delay or derail a sale.

A licence to alter is not planning permission or Building Regulations approval

A licence to alter is permission from your landlord under the lease. Planning permission comes from the council and is not usually needed for internal work unless the building is listed or the outside changes. Building Regulations apply to structural work, drainage, electrics, ventilation and fire safety regardless. If work affects a wall or floor shared with a neighbour, the Party Wall etc. Act 1996 may also apply.

How a builder can help

The legal side is for you, your solicitor and the freeholder, but the freeholder will want to know exactly what work is planned and how it will be carried out. At House Improvement Pros, we can provide the information your freeholder or managing agent asks for about the works, so your application is not held up waiting on details from the contractor.

We cannot grant consent or guarantee a freeholder will agree, but complete documents give your application the best chance of moving quickly. If you are planning a full flat refurbishment, we flag at the survey whether a licence is likely to be needed, and your fixed, itemised quote arrives within 48 hours.

Frequently asked questions

Do I need a licence to alter to replace my kitchen or bathroom like for like?

Not always. Many leases allow non-structural, like-for-like replacement without consent, but some leases are stricter, and moving the room, changing the drainage or changing the floor finish often does need consent. Read the alterations clause in your lease, and if it is unclear, ask your solicitor or the managing agent before work starts.

How long does a licence to alter take?

It varies a lot. A simple, well-prepared application can be dealt with in a matter of weeks, while structural work, slow responses or a freeholder’s surveyor needing to inspect can stretch it to several months. Applying early with complete drawings and documents is the best way to avoid delays.

Can I start work while I wait for the licence?

You should not start work that needs consent until the licence has been granted and its conditions are clear. Starting early can put you in breach of your lease and may lead to the freeholder asking you to reverse the work. Work that clearly does not need consent, such as redecorating, can usually go ahead.

Planning work on a leasehold flat?

House Improvement Pros is a builder based in Acton, W3, working across Ealing, Hounslow, Hammersmith & Fulham and Wandsworth. All trades are in-house, and after a free survey we send an itemised written quote within 48 hours. We give you a fixed-price quote. If there are any unknowns (things we can’t see until work starts), we tell you upfront so it’s fair, with no surprise bills. We have 16+ years’ experience in the trade and 100+ completed projects, including 20+ full renovations in London. We are CDM qualified, our electrical work is done to NICEIC standard, and every job carries a two-year workmanship warranty and £5m public liability insurance. All trades are in-house, so you don’t have to find, schedule and manage 3–5+ separate trades, which is what blows up budgets and timelines and is hard to manage. One team, one point of contact, one fixed price. Call or WhatsApp 07510 375 598, message us on WhatsApp, or get in touch through our contact page.

For independent guidance on leasehold rights, see the Leasehold Advisory Service and GOV.UK’s leasehold property guidance. For advice on your own lease, speak to a solicitor.