Refurbishing a London Flat: Licence to Alter, Freeholder Consent, and What Can Go Wrong

London's leasehold system creates a layer of complexity in flat refurbishments that does not apply to freehold houses. The lease — the legal document granting you the right to occupy your flat for a fixed term — almost always contains restrictions on what alterations you can make, and what consents you need before carrying out any works. This guide covers what you need to know before committing to a flat refurbishment.

The Leasehold Position

When you own a leasehold flat in London, you own the right to occupy the property for the remaining lease term. The freehold (the building itself, including the structure and common parts) is owned by the freeholder. Your lease governs the relationship between you and the freeholder.

Most residential leases in London contain covenants (legal obligations) that restrict what you can do with your flat. Typical restrictions include:

• Not making structural alterations without consent
• Not changing the use of the flat
• Not doing anything that causes nuisance to neighbours
• Keeping the flat in good repair
• Not sub-letting without consent (in some leases)

The specific wording of your lease determines exactly what is and is not restricted. Read the relevant clauses carefully, or ask your solicitor to identify any alteration-related covenants.

Licence to Alter (LTA)

Where your lease requires freeholder consent for alterations, you need a Licence to Alter — a formal legal document in which the freeholder grants permission for specific works, typically subject to conditions.

Works that typically require a Licence to Alter in a London flat:

• Structural alterations (wall removals, new openings, steel beams)
• Changes to drainage (new bathroom or kitchen connections to the building's drainage system)
• Changes to services that run through common parts or affect other flats
• Installation of wet underfloor heating (can affect the building's structure and neighbouring flats)
• Significant floor finish changes (e.g. replacing carpet with hard flooring — particularly relevant in apartments where impact noise affects the flat below)
• Changes to external elements (front door, windows, balcony)

Works that usually do not require a Licence to Alter:

• Cosmetic decoration (painting, wallpaper)
• Like-for-like replacement of internal fittings
• Replacement kitchen or bathroom in the same location with no structural or drainage changes

The Consent Process

To obtain a Licence to Alter:

1. Write to the freeholder or their managing agent describing the proposed works and providing drawings
2. The freeholder refers the application to their solicitor and/or surveyor
3. The freeholder's solicitor prepares a Licence to Alter document
4. The leaseholder's solicitor reviews and agrees it
5. Both parties sign

Costs: The leaseholder typically pays the freeholder's legal and surveyor costs, regardless of whether consent is granted. These typically run £1,500–£4,000 for a standard residential Licence to Alter. Complex structural works or uncooperative management companies can push costs significantly higher.

Timescale: 4–12 weeks in straightforward cases. Some London management companies are slow and bureaucratic — allow 3–4 months as a safe planning assumption.

Flooring and Noise: A Specific London Issue

London apartment buildings — particularly converted Victorian properties divided into flats — often have suspended timber floors that transmit impact noise between stories. This is why many leases explicitly require carpet to be maintained on upper floors.

If you want to install hard flooring (engineered wood, tile, LVT, stone) in an upper-floor flat:

1. Check your lease for any flooring covenant
2. If carpet is required, you will need a Licence to Alter to install hard flooring
3. The freeholder will typically require a specific acoustic performance standard for the floor build-up (measured in terms of Impact Sound Transmission)
4. A floating floor system with appropriate acoustic underlay will usually meet the required standard — confirm the specification with the freeholder's surveyor before installing

Bypassing this process and installing hard flooring without consent can result in enforcement action by the freeholder, demands to reinstate carpet at your cost, and disputes with the flat below.

Building Regulations in Flats

Building Regulations apply to works in leasehold flats just as in freehold houses. If your flat refurbishment involves structural works, electrical work, or new drainage connections, Building Regulations approval is needed.

However, there is an added complication: for works affecting the building structure (which is owned by the freeholder), Building Regulations applications should technically be made by the building owner — the freeholder — not the leaseholder. In practice, many leaseholders make the application themselves with freeholder knowledge and consent as part of the Licence to Alter process. Your contractor or architect can advise on the correct approach in your specific case.

What Can Go Wrong

Carrying out works without consent: If you carry out structural alterations without a Licence to Alter, the freeholder can:

• Issue a breach of covenant notice requiring reinstatement
• Seek forfeiture of the lease (in serious cases)
• Refuse to grant a Licence to Alter retrospectively, leaving you with an unresolved breach
• Create problems when you come to sell — a buyer's solicitor will ask about all alterations and require evidence of consent

Contractor starts before consent is in place: Some London contractors start work before a Licence to Alter is secured, assuming it will come through. This is a significant risk — if consent is refused or conditions require design changes, work already done may need to be reversed.

Management company delays: Slow freeholder response is one of the most common frustrations in London flat refurbishments. Build generous time into your programme for the consent process.

RCB Design & Build

RCB manages flat refurbishments in London with full attention to lease requirements. We advise clients on which works require a Licence to Alter, coordinate with the freeholder and managing agent throughout, and never start restricted works without appropriate consent. Contact us to discuss your flat refurbishment.