Do I Need My Freeholder's Permission? Licence to Alter vs Planning Permission for Leasehold Flats and Houses

01

Three Consents, Not One

Each is independent. Works affecting only the interior of a building, or that do not materially affect its external appearance, are not development for planning purposes (TCPA 1990 s 55(2)(a)), so a flat's internal remodel may need no planning permission yet still need the landlord's consent and building control approval. If the building is listed, internal works that affect its character need listed building consent (LBCA 1990 s 7). In the other direction, a council granting planning permission says nothing about your lease. See planning permission vs building regulations for the other half of the picture.

LEASE lists three kinds of work that can count as alterations: structural (removing a wall, adding an extension), non-structural (moving radiators, replacing carpet with wooden floors) and safety-critical (replacing a flat's fire door, or changes affecting gas pipes and electrical wiring) (LEASE).

02

Flats Have No Householder Permitted Development Rights

The General Permitted Development Order's householder rights sit in Part 1 and apply to a "dwellinghouse". Article 2(1) of the Order says that, except for specified Parts, "dwellinghouse" does not include a building containing one or more flats, or a flat contained within such a building. So the rear-extension, loft and outbuilding rights in Part 1 do not apply to a flat, and external changes to a flat generally need to be checked with the council (see planning permission for flats and loft conversions). Other Parts of the Order have their own rules, so do not assume nothing applies.

The definition turns on the building, not on tenure. A leasehold house is still a dwellinghouse for the householder rights, but the lease may still require consent.

03

Read Your Lease: Absolute vs Qualified Covenants

LEASE says a lease might ban alterations, allow them, allow them only with the landlord's written permission, allow them only with a licence, or allow them subject to conditions the landlord can set in a licence. The lease also divides the property into the part you own (the "demised premises") and parts the landlord owns or controls (the "retained premises"). LEASE gives examples of alterations touching retained parts: a skylight or dormer if the landlord owns the roof, a balcony if it owns the external walls, knocking through structural walls, and fitting a flue (LEASE).

Lawyers distinguish:

• Absolute covenants that ban alterations outright. LEASE says that if your lease bans alterations, the landlord does not have to consider your request and does not have to respond; you would need to get the clause varied.
• Qualified covenants that allow alterations with consent. This is where the 1927 Act matters.

Landlord and Tenant Act 1927 s 19(2)

In a lease with a covenant against making improvements without licence or consent, s 19(2) deems the covenant to be subject to a proviso that the licence or consent is not to be unreasonably withheld. The section applies to leases made before or after 1927 and, as printed on legislation.gov.uk, extends to England and Wales.

What the landlord may still require as a condition of consent:

1. a reasonable sum for any damage to, or diminution in the value of, the premises or neighbouring premises belonging to the landlord;
2. legal and other expenses properly incurred in connection with the licence or consent; and
3. an undertaking to reinstate, where the improvement does not add to the letting value of the holding and the requirement would be reasonable.

Limits to know:

• The section speaks of improvements and of covenants requiring licence or consent. It does not rewrite a covenant that simply bans alterations. Whether a given alteration is an "improvement" is a question the courts decide, so take legal advice on a borderline case.
• LEASE adds a practical limit. Where a lease allows alterations with consent, LEASE says the landlord must respond in writing, give consent unless there is a reasonable reason to refuse, and state its reasons, but that the landlord does not have to do this where the alterations involve parts of the building it owns or controls (LEASE).

04

The Licence to Alter Process and What It Costs

Ask in writing and get the answer in writing. LEASE recommends a dated written request with a description of the work, plans or photos, contractor quotes and insurance details, proof of building regulation compliance or planning permission, and a proposed timetable. It says verbal consent should not be relied on, and suggests allowing the landlord a reasonable period to respond, for example two weeks. Typical licence conditions include approving your contractors, proof that completed work meets building standards, and updating the lease so there is a permanent record of the work.

Fees are administration charges. LEASE says the landlord can charge for legal or other expenses of giving consent, such as a surveyor's costs or inspecting the work afterwards, if the lease allows. Under Schedule 11 to the Commonhold and Leasehold Reform Act 2002:

• An "administration charge" includes an amount payable "for or in connection with the grant of approvals under his lease, or applications for such approvals" (para 1(1)(a)).
• A variable administration charge, one not specified in the lease or calculated by a formula in it, is payable only to the extent that it is reasonable (para 2).
• An application may be made to the tribunal (the First-tier Tribunal in England; a leasehold valuation tribunal in Wales) to decide whether an administration charge is payable, by whom and how much (para 5).
• If the lease itself fixes an unreasonable charge or formula, a party to the lease can apply to vary it (para 3).
• A demand must currently be accompanied by a summary of tenants' rights and obligations, and a tenant may withhold payment if it is not (para 4).

Premiums. LEASE separates two cases:

• For structural work affecting parts the landlord owns, such as a balcony fixed to an external wall, a loft conversion with a dormer or skylight, or extending into external walls or roof space, the landlord might be able to charge a premium, usually a share of the value the work adds. LEASE says there is no legal limit on the amount and that the amount cannot be challenged at a tribunal.
• For non-structural alterations, LEASE says it is against the law to charge a premium regardless of what the lease says. LEASE does not give the statutory basis for that statement, so ask a solicitor to confirm it for your lease before relying on it.

Coming, not in force. Section 61 of the Leasehold and Freehold Reform Act 2024 would require landlords to publish administration charge schedules, and an administration charge would be payable only if its amount or calculation method appeared on a published schedule throughout the 28 days ending with the day on which the charge is demanded to be paid. On legislation.gov.uk the section is marked prospective (checked 20 October 2026). The Government's response of 15 July 2026 says it will introduce a prescribed schedule, provided with the annual report and on request, and will give landlords 12 months' notice before it applies (England only). Until that is in force, the rules above are the current law.

05

Buying a Flat Where the Seller Made Alterations Without Consent

LEASE is clear that unauthorised alterations remain a breach even if a previous owner made them, because lease restrictions "run with the land", and that they can make a property harder to sell, remortgage or insure.

Practical routes, with your solicitor:

1. A retrospective licence to alter. LEASE's suggested fix for unauthorised alterations is to apply for retrospective consent and work with the landlord. The same fee rules apply as above, and LEASE's examples of licence conditions include proof that the completed work meets building standards.
2. Price renegotiation. If the seller will not or cannot get a licence, the cost and risk are a legitimate point to negotiate.
3. Indemnity insurance. Some conveyancers can arrange a policy for a missing landlord's consent. We have not found a standard published wording, so ask your solicitor what is available, read the policy's conditions (some restrict contact with the landlord), and remember that a policy covers loss; it does not cure the breach. See planning indemnity insurance for how such policies generally work; a lack-of-consent policy is a different product.
4. Check the paperwork. The Law Society's TA6 Property Information Form (6th edition, 2025) has a section on alterations covering planning permission, building regulations and competent person certificates; your solicitor should ask for the landlord's consent alongside them. See buying a house with no planning permission for the wider checklist.

If your sale or purchase involves a mortgage, tell the lender's conveyancer about any known unauthorised alteration; they will have their own requirements.

06

What Can the Freeholder Do About a Breach?

LEASE describes the usual sequence: warning letters, a request to put things right, court action if money is owed, a threat of forfeiture, and the formal forfeiture process "usually only in extreme cases" (LEASE: breaching your lease and forfeiture). The law places hurdles in the way of forfeiture:

• Under s 146(1) of the Law of Property Act 1925, a right of re-entry or forfeiture for breach of covenant is not enforceable unless the landlord first serves a notice that specifies the breach, requires it to be remedied if it is capable of remedy, and requires compensation, and the tenant fails to comply within a reasonable time. The court can grant relief from forfeiture (s 146(2)).
• For a long lease of a dwelling, s 168 of the Commonhold and Leasehold Reform Act 2002 stops the landlord serving that notice unless the breach has been finally determined by the tribunal (or a court or arbitral tribunal), or the tenant has admitted it. After a final determination, the landlord must wait 14 days.
• For unpaid service or administration charges, s 81 of the Housing Act 1996 similarly requires a determination or admission before forfeiture.

So do not admit a breach in writing without advice. LEASE says a landlord can pursue forfeiture if you accept in writing that the breach has happened.

07

Share of Freehold

Owners of flats in a building sometimes buy the freehold together. LEASE describes buying a share of the freehold if you own a leasehold flat, and notes that your rights and responsibilities can change if you buy the freehold (LEASE). Read your lease and any documents of the freehold-owning company to see who gives consent and on what terms.

08

Wales, Scotland and Northern Ireland

Where the rules differ

• Wales: the Landlord and Tenant Act 1927 s 19 and Schedule 11 to the 2002 Act extend to England and Wales. In Wales the tribunal for administration charge disputes is a leasehold valuation tribunal (Sch 11 para 6(6)); the Government's July 2026 leasehold response relates to England only. Section 19 does not apply to occupation contracts under the Renting Homes (Wales) Act 2016 (s 19(5)), but a long tenancy (a fixed term of more than 21 years) is never an occupation contract (Sch 2 paras 7–8), so long leaseholders are unaffected.
• Scotland: a different system. Since 1974 a long residential lease has carried a statutory condition that the property is not used as a private dwelling-house (Land Tenure Reform (Scotland) Act 1974 s 8), so Scottish flats are normally owned outright, and alterations are governed by the title deeds and tenement law rather than a lease. Flats in Scottish tenements are governed by the Tenements (Scotland) Act 2004, which defines an "owner" of a flat as the person with right to it, and by the burdens in your title deeds; see the Scottish part of restrictive covenants and planning permission. Take advice from a Scottish solicitor.
• Northern Ireland: section 19 of the 1927 Act is shown on legislation.gov.uk as extending to England and Wales. The Lands Tribunal can modify or extinguish an impediment in a lease, ordinarily only once 21 years of the term have run (Property (Northern Ireland) Order 1978 art 5(2)). Take advice from a Northern Ireland solicitor on whether consent provisions in your lease are qualified.

09

Related Guides

• Restrictive Covenants and Planning Permission
• Buying a House With No Planning Permission
• Planning Indemnity Insurance Explained
• Planning Permission for Flats and HMOs
• Do I Need Planning Permission for a Loft Conversion?
• Planning Permission vs Building Regulations

This guide is for general information only and does not constitute legal advice. Leases differ, and the same alteration can be allowed under one lease and banned under another. Take advice from a solicitor experienced in leasehold law, or contact LEASE, before starting work or admitting a breach.