Property Alterations and your Commercial Lease

As a property owner, there will be times when you want to carry out alterations to your property. You will usually be free to do more minor works as you see fit. However, for more major alterations you will need to seek permission from various sources.

What sort of permission or consent might I need?

You are likely to need planning permission for most major alterations. Planning permission is granted by your local planning authority and you will require such permission for works such as substantial extensions, building new structures and where you are looking at changing the use of a property.

You may also require building regulations approval. This is sometimes required as well as planning permission but also applies to a wider range of works including loft alterations, new windows and doors and other such works. Building regulations consent is granted by your local authority building control department.

If you own a leasehold property your lease is likely to include a provision that prevents you carrying out alterations without your landlord’s consent. This is because any alterations you make to your property are likely to affect the landlord’s freehold interest. It is in the landlord’s interest to ensure that the structure is sound, that any works comply with any relevant legislation and that the building is properly insured.

For what you will require your landlord’s consent will depend upon the terms of your lease. The terms can include anything from internal works to extensions or alterations to the exterior of the property. Ordinarily the lease will provide that the landlord is not to unreasonably withhold consent.

Property alterations without consent of your landlord

If your lease requires that you seek consent to alter your property and you either: a. do not seek consent; or b. carry out alterations even though the landlord has refused consent, you will be in breach of your lease.

How can Askews help you?

Your local firm of Coventry Solicitors, Askews Legal LLP, has a dedicated team of Property specialists who can assist with any commercial property issues. For further advice or to obtain a quote, please contact Kuljeet Sandhu, Head of Commercial Property at Askews Legal LLP.

E: KSandhu@askewslegal.co T: 024 76 231000