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      Making alterations to a leasehold flat: do you need the freeholder's permission?

      In England and Wales, leasehold alterations are governed first by the wording of the lease, with statutory reasonableness protection only where the lease is a qualified covenant requiring consent. Scotland does not use leasehold flats in the same English sense, and Northern Ireland has no equivalent general statutory reasonableness rule for private residential long leaseholders.

      By Abodient Team Published 02 September 2026 Updated 01 September 2026 14 min read
      Making alterations to a leasehold flat: do you need the freeholder's permission?

      In England and Wales, leasehold alterations are governed first by the wording of the lease, with statutory reasonableness protection only where the lease is a qualified covenant requiring consent. Scotland does not use leasehold flats in the same English sense, and Northern Ireland has no equivalent general statutory reasonableness rule for private residential long leaseholders.

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        Can you make alterations to a leasehold flat?

        Yes, you can make alterations to a leasehold flat only if the lease allows them outright or you get the consent the lease requires before starting. LEASE puts the starting point plainly: “Depending on the terms of your lease, you might need your landlord’s (freeholder’s) permission before making any alterations to your home.” Internal changes to a leasehold property are therefore not automatically banned, but they are not automatically yours to do either; the lease may distinguish decoration, non-structural alterations, improvements, structural works, windows, services and changes to layout. If the lease requires written permission, LEASE says: “If your lease says you need written permission (“consent”) to make an alteration, you must get it before starting the work.” Planning permission or building regulations approval does not replace lease consent. Abodient can store the lease and any consent documents against the property, so a landlord can check the alteration covenant before approving or commissioning works.

        Can you make structural changes to a leasehold flat?

        You can make structural changes to a leasehold flat only if the lease permits them or the freeholder can lawfully grant consent; many flat leases prohibit structural works more tightly than ordinary internal improvements. Wandsworth’s leaseholder guidance gives a typical council-landlord example: “Under these leases structural alterations and additions (including windows) are strictly prohibited.” That does not mean every lease says the same thing, but it shows why structural changes to a leasehold property need a lease check before plans are drawn up. The Supreme Court has also shown the hard edge of absolute covenants: where the landlord has promised other leaseholders to enforce a no-cutting covenant, “the landlord will not put it out of its power to enforce clause 2.7 in the lease of the offending lessee by licensing the activity that would otherwise be a breach of that clause.” Structural work is therefore the category least safe to treat as routine refurbishment.

        What counts as a structural alteration?

        A structural alteration is usually work affecting the load-bearing or external fabric of the building, but leasehold law in England and Wales has no single statutory definition that decides every flat. A clear example is removing or cutting into a load-bearing wall: in the Supreme Court’s Duval case, “The work that Mrs Winfield wished to carry out would have involved, among other things, cutting into and removing a substantial portion of a load bearing wall at basement level and excluded from the demise of her flat.” Replacement windows may also be treated as structural or outside the flat’s demise; Wandsworth tells its leaseholders: “Please note that windows are not part of the internal part of your property and are part of the structure.” A non structural alteration is typically something like replacing kitchen units or renewing a bathroom without moving walls, cutting structure or interfering with communal services, but the lease wording controls the answer.

        What alterations need the freeholder's permission?

        The alterations that need the freeholder’s permission are the ones your lease says need permission, commonly structural alterations, layout changes, windows, services, loft works and significant improvements. There is no statutory list of what you need freeholder permission for; LEASE states the operative rule as: “Depending on the terms of your lease, you might need your landlord’s (freeholder’s) permission before making any alterations to your home.” Where the lease contains a covenant against making improvements without licence or consent, section 19(2) of the Landlord and Tenant Act 1927 deems it subject to the proviso that “such licence or consent is not to be unreasonably withheld.” That protection applies in England and Wales only: “This Act shall extend to England and Wales only.” If the lease bans alterations absolutely, the position is different: “If your lease bans alterations, the landlord does not have to consider your request and does not have to respond.”

        Do you need freeholder permission to remove an internal wall?

        You need freeholder permission to remove an internal wall if the lease requires consent, and in practice removing an internal wall is commonly treated as a licence-to-alter job, especially if the wall is load-bearing. Cambridge City Council’s leaseholder guidance lists works needing permission and says: “These include (but are not limited to) alterations to the kitchen, bathroom, boiler or heating system, and the removal of internal walls.” Solicitors also treat wall removal as a typical licence case: “A licence to alter is typically necessary for significant changes to the flat, such as removing or adding walls, replacing windows, installing a skylight, moving a kitchen or building into loft space.” The key distinction is practical as well as legal: removing a non-load-bearing partition may still affect layout, services, fire separation or the demise, while removing a load-bearing wall is structural and likely to need engineer’s drawings, freeholder surveyor review and building control approval.

        Do you need freeholder permission to change the windows?

        You need freeholder permission to change windows if the lease requires it, and many flat leases treat windows as part of the building structure or outside the leaseholder’s internal demise. Lewisham’s leaseholder guidance states the rule for its leaseholders directly: “If you’re renewing or altering your windows, you must get our permission.” Lambeth gives the same practical warning in lease terms, saying written permission is required before changes to the layout or structure “including fitting new doors and windows.” Replacement windows also raise building regulations issues separate from freeholder consent: the government’s Manual to the Building Regulations says, “A replacement window is an example of a controlled fitting.” So changing windows can involve three separate permissions or checks: the lease/freeholder, building control or a competent-person certificate, and sometimes planning or listed-building consent. One approval does not cancel the others.

        Do you need freeholder permission to install an EV charge point?

        You need freeholder permission to install an EV charge point if the lease requires consent or the charger uses walls, parking areas, electrical services or communal parts controlled by the freeholder. The OZEV grant rules make written permission a grant condition, requiring “written permission from your landlord, freeholder or property manager to install the chargepoint.” That grant requirement is not itself the leasehold law rule, but it reflects the practical reality: an EV charger point usually involves cabling, an external wall, a parking space, communal electrical routes or alterations to managed areas. England and Wales lease law still starts with the lease; where the lease is a qualified improvements covenant, section 19(2) of the 1927 Act says consent is not to be unreasonably withheld. Planning may be separate: permitted development can cover a wall-mounted off-street outlet, but permitted development is not freeholder consent.

        Can a freeholder refuse permission for alterations?

        Yes, a freeholder can refuse permission for alterations where the lease bans the work outright or the refusal is reasonable under a qualified alterations covenant; the Landlord and Tenant Act 1988 written-reasons duty does not govern alterations. Rival pages often apply the 1988 Act to licences to alter, but section 1 is headed “Qualified duty to consent to assigning, underletting etc. of premises” and defines the relevant transaction as “any assignment, underletting, charging or parting with possession.” Alteration consent is instead governed in England and Wales by Landlord and Tenant Act 1927 section 19(2), under which an improvements covenant requiring consent is deemed to say that “such licence or consent is not to be unreasonably withheld.” Wales has a caveat for occupation contracts: section 19 says it “does not apply to occupation contracts within the meaning of section 7 of the Renting Homes (Wales) Act 2016,” but ordinary long leasehold flats usually are not occupation contracts.

        Can a freeholder refuse permission for an extension?

        Yes, a freeholder can refuse permission for an extension if the lease prohibits it, if the work takes or affects retained parts of the building, or if refusal is reasonable under a qualified covenant. Planning permission is not enough: LEASE warns, “Even if you have these, you still need your landlord’s consent if the lease requires it.” An extension is often more difficult than internal works because it may use the roof, loft, external wall, airspace, garden or other land not included in the flat’s demise; where the leaseholder is asking for rights over retained property rather than merely consent under an improvements covenant, the freeholder may be negotiating a property right, not just approving works. LEASE also says of some charges for consent: “There is no legal limit on the amount the landlord can charge and you cannot challenge the amount at a tribunal.” That is why extensions often need specialist leasehold advice before design costs are incurred.

        How do you get freeholder consent for alterations?

        You get freeholder consent for alterations by checking the alteration covenant, applying in writing with drawings and specifications, paying any reasonable administration, legal or surveyor costs the lease allows, and obtaining the written licence before works start. LEASE states the core timing rule: “If your lease says you need written permission (“consent”) to make an alteration, you must get it before starting the work.” A proper application normally includes plans, a structural engineer’s report where needed, contractor details, insurance, building control information, planning/listed-building consent if relevant, and a method statement for works affecting neighbours or communal services. In England and Wales, section 19(2) allows the landlord to require “legal or other expenses properly incurred in connection with such licence or consent.” There is no general statutory form called a Licence to Alter, but a deed is common because it records the approved drawings, conditions, reinstatement obligations and responsibility for damage.

        How much does a Licence to Alter cost?

        A Licence to Alter has no fixed statutory price, but in England and Wales the freeholder’s variable administration charge is payable only so far as reasonable, and published market examples put total non-building-work costs from hundreds to several thousand pounds. Commonhold and Leasehold Reform Act 2002 Schedule 11 says: “A variable administration charge is payable only to the extent that the amount of the charge is reasonable.” The different published figures are different bills, not rival prices for the same item: Westminster says “there is a legal fee payable for a Licence for Alterations which is currently £910,” while Peppercorn Law says the leaseholder’s own solicitor cost for a simple two-party minor-works application starts at “£995 plus VAT (20%).” Hampstead Chartered Surveyors separates the usual elements: freeholder surveyor fees commonly “around £600 to £1,500” for straightforward works, freeholder solicitor fees “£750 to £2,000-plus,” plus the leaseholder’s own drawings, structural design and advice.

        Do you need a Licence to Alter if you own a share of the freehold?

        Yes, you may still need a Licence to Alter if you own a share of the freehold, because share-of-freehold ownership does not cancel the lease covenants binding your flat. The Supreme Court’s Duval case involved a block where “All of the shares in the landlord are owned by the leaseholders of the flats,” yet the alteration covenants still mattered and section 19(2) still applied. The Court said the qualified consent covenant was subject to the statutory rule that “such consent is not to be unreasonably withheld,” but it also held that the landlord could not licence works that would breach an absolute covenant where the leases required mutual enforcement. A share of freehold therefore changes who controls the freehold company or freehold title; it does not make the building a free-for-all. Other co-freeholders, company directors or the management company may still need to approve the works formally.

        What happens if you made alterations without the freeholder's consent?

        If you made alterations without the freeholder’s consent, the usual consequences are a retrospective Licence to Alter request, payment of costs or a premium, difficulty selling or remortgaging, a demand to reinstate, and in serious cases breach proceedings. LEASE gives the practical market effect: “Unauthorised alterations can make the property harder to sell, remortgage or insure.” For long residential leases in England and Wales, forfeiture has an extra statutory barrier: a landlord “may not serve a notice under section 146(1) of the Law of Property Act 1925” for a lease breach unless the Commonhold and Leasehold Reform Act 2002 section 168 process is satisfied. There is no fixed statutory fine simply for leasehold alterations without consent, but that does not make the breach harmless; the costs often surface at sale, when a buyer’s solicitor asks for the licence, completion documents, building control evidence and indemnity or retrospective consent.

        Do you need building control approval for internal works?

        You need building control approval for internal works only where the work is building work covered by the Building Regulations, not for every internal repair, decoration or like-for-like cosmetic change. GOV.UK states: “You do not need to apply for approval if the work is exempt or not covered by building regulations.” In England and Wales, internal works may need approval if they are a material alteration, affect structure, fire safety, sound insulation, drainage, ventilation, electrical work, a controlled service or a controlled fitting. The Building Regulations define a material alteration by consequences, including work that would result “in a building or controlled service or fitting not complying with a relevant requirement where previously it did.” Contravention is not just a paperwork problem: the Building Act 1984 says, “A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.” Retrospective regularisation is possible only through local authority building control.

        Last reviewed September 2026.

        Sources

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