Question 1

What's the difference between leasehold and freehold here?

Accepted Answer

If you own a leasehold flat, you own the space inside your walls for the length of the lease, but the building and often the structure belong to the freeholder - so most alterations need their written consent (a Licence to Alter). If you own a freehold house, there's no landlord to ask, though you still need planning permission and building regulations approval where they apply, and you should check for any estate covenants.

Question 2

I own a share of the freehold - do the same rules apply?

Accepted Answer

Mostly, yes. Share of freehold is not the same as owning your flat outright: you still hold a lease, and its alteration covenants still bind you. The difference is who grants consent. Instead of a third-party landlord, you grant it yourselves through the freehold company you co-own with the other flat owners. That makes it cheaper and quicker, with no ground landlord charging fees, but the other owners still have to agree, and you should still document the consent properly - a buyer's solicitor will ask for it when you sell. Planning, building regulations and the Party Wall Act work exactly as they do for any other flat.

Question 3

Why do flats have so few permitted development rights?

Accepted Answer

Permitted development (the right to do certain work without a planning application) mostly applies to houses. Flats and maisonettes are excluded from almost all of it, so external changes to a flat - new windows, an extension, a satellite dish - usually need a full planning application as well as the freeholder's consent.

Question 4

Do I really need consent for wood or laminate flooring?

Accepted Answer

Often, yes. A lot of leases either ban hard flooring above ground-floor flats or require the freeholder's consent and acoustic underlay, because noise transfer is a frequent source of disputes between neighbours. Always check your lease's flooring covenant before ripping up the carpet.

Question 5

What happens if I do the work without permission?

Accepted Answer

Going ahead without a required Licence to Alter is a breach of your lease. The freeholder can ask you to undo the work, charge you for a retrospective licence, or in serious cases seek forfeiture. It also tends to surface when you sell - the buyer's solicitor will ask for the paperwork, and missing consents can delay or even sink a sale.

Question 6

Is this checker legal advice?

Accepted Answer

No. It's a plain-English guide to the permissions that commonly apply, to help you ask the right questions. Your lease, your local planning authority and a solicitor are the people who can confirm your exact position before you start.

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