Restrictions in Title Deeds

As a freeholder, you will need to check your title documentation for any restrictions on building works. Even if there are no restrictions shown on the title document, the works might interfere with neighbours rights (e.g. shared access) and professional advice will be needed before works are commenced.

Restrictions in a Lease

As a tenant, almost all leases require you to obtain the landlord's prior consent to alterations. The consent may not be unreasonably withheld in the case of an alteration which constitutes an improvement. Where the alterations will improve the premises so that the landlord benefits, the tenant may be able to recover compensation for such improvements from the landlord. To do so, you must follow a statutory procedure, including giving advance notice to the landlord of the proposed works.

As a condition of consent, the landlord may well specify the works to be carried out and may require approval of the plans (and/or the completed work) by his surveyor. You may still be required to restore the premises to their original condition at the end of the lease if the landlord so requires, although this is unlikely in the case of useful improvements to the building.

Planning Issues

Check with your local Planning Authority whether an application for planning permission is necessary. Generally any development of land requires planning permission. Development includes building or engineering operations on the land. Building operations include demolition, alteration, rebuilding or additions to existing buildings but generally exclude internal or external improvements, alterations or maintenance which do not materially alter the external appearance of the building.

Certain developments benefit from automatic planning permission under general development orders. The local planning authority should be consulted. If an application is necessary, your surveyor should initially check structure plans and local plans to assess whether your proposal is in line with the planning authority policies. An application can be made for outline permission or full permission. A decision to approve, refuse, or grant permission subject to conditions is normally required within 8 weeks unless you agree otherwise with the local planning authority.

If you disagree, you have 6 months to appeal to the Secretary of State. An alternative to planning permission is an agreement with the local planning authority. Work must be commenced within a fixed period thereafter. The local planning authority has extensive powers to deal with breaches of planning laws. In addition, the building regulations must be observed.