The problem
You decide that something about your property needs changing: maybe you need to install new machinery to improve efficiency or put up a new advertising sign. No problem - or is there? You need to check that you won't need any planning or building regulations consents and, if you are a tenant, you need to bear in mind what your lease says you can and can't do.
Planning consent will be required for any changes that constitute "development", and the definition of development, according to planning law, is very wide. Changes that would be considered as a development could include switching an area from office space to shop premises, and making most alterations or additions to the property.
Building regulations consent will usually be required for any works that involve structural changes.
Your lease will tell you whether or not you can make alterations to the property without your landlord's consent. It would be an unusually generous lease if you were given the ability to make changes to the property without needing consent. Often your lease will allow you to make non-structural changes with your landlord's consent, provided that you indemnify your landlord against any costs associated with applying for any necessary planning and building regulations consents as previously mentioned.
You might be surprised to find that the changes you would like to make will be covered either by a clause in your lease or planning or building regulations procedures. Even putting up a new sign or installing a new oven could be classed as alterations under your lease. Also, although there are some statutory provisions that can assist if the changes you would like to make can be said to be improvements to the property, if your lease provides that no alterations are to be made to the property at all your landlord does not have to grant consent - even if your proposed changes are very minor.
Expert advice
First of all, consult your surveyor. He or she is likely to be in a good position to know whether or not planning consent will be required for the changes you want to make, or if the works might be covered by an implied general consent known as the General Development Order.
You should also consult your lawyer, who will be able to check your lease to see if consent will be required for the alterations and advise you on the best way to go about obtaining them. Your lawyer can also advise you on the likely costs of doing so.
Check list
- Discuss with your surveyor whether or not the works constitute structural changes to the property.
- Check with your local authority or surveyor to see if planning or building regulations consent is required.
- Check with your solicitor to find out whether consent is required under your lease and what the costs are likely to be of those giving consent.
- Ask your lawyer to check whether your landlord or any superior landlord is obliged to give consent within a reasonable time and to act reasonably when considering your request.
- Arrange for plans to be drawn up of the works that you would like to carry out.
Beware!
If you carry out works that require your landlord's consent without obtaining that consent in advance, you will be in breach of your lease. This could entitle your landlord to claim damages from you and to seek to terminate your lease.
Breach of planning or building regulations requirements will entitle the local authority to take enforcement action which can include serving enforcement notices requiring you to take remedial action. Breach of enforcement notices can mean a large fine!
Contacts
Rooks Rider
020 7689 7000
E-mail: lriley@rooksrider.co.uk
www.rooksrider.co.uk