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Have planning permission for a loft conversion but do we need to pay our joint freeholder for a Licence for Alterations?
We have share of freehold with a housing association that owns the flat downstairs. We have had planning permission for a loft conversion which has been granted and we are in the process of getting party wall agreements for the two flats next to us. However, the housing association who shares the freehold with us has asked us to pay out for a 'licence for alterations'. Do we really need this as we have share of freehold to property? If we do need this licence, would we need to get a party wall agreement from them as well?
I have had to make some assumptions before responding as you requested no call when in fact you need detailed legal advice specific to your circumstances.
I have assumed that there are two flats in the building both on long Leases and the freehold of the building is owned equally by yourself and the Housing Association as owners of the two flats.
If this is correct then each Lease will set out what a tenant needs to do before making changes to their flat. It is possible that the Lease says that a Licence for Alterations 'must be obtained from the Freeholder' and as this position is shared between you and the Housing Association then they may well be able to charge for their consent.
It could be useful to check the position with regard to the right of the neighbouring flat owners to grant Party Wall arrangements as the main structure of their building may belong to a Landlord and not themselves.
If you would like the position checked more carefully I would recommend you take detailed advice from our property legal team but I cannot ask them to speak to you without your permission.
Please come back to us on this if you need more help, or if you have any other legal matter we can assist you with.
It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need us to assist with any other legal question in the future.
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