council permission

[keydow]

I recently bought a 1 bed flat in one of the london boroughs. its and old building 1954 and flat is on the top floor. there is a brick wall between the kitchen and sitting room which creates 2 "cupboards", 1 in the kitchen and one n the bedroom. I want to knock it down removing the cupboards and gaining more space in the kitchen. I had a builder around and he can do it no problem, and replace it with studded wall. its not structural and no eletrics contained.

However i just seen in the lease that all work (even interior) needs to be approved by the landlord ie council. Im just wondering if i should run the risk of seeking permission and be potentially refused or delayed for months or just get the wrong done and beg forgiveness after if it comes to light. Any body have experience with this?

Thanks

[Richlist]

A lease requireing the freeholder's permission is very common. It affords them a means of ensuring nothing is carried out that is dangerous, value reducing, not in keeping with the other properties, in breach of restrictions etc etc.

Usually there is an applicaion form to be filled in from the freeholder that asks for all the details and if its acceptable a fee is charged......usually for administration.....and a formal letter giving you permisssion is issued.

If you carry out the work BEFORE getting permission you run 2 risks:

1. Retrospective permission may be granted BUT will be at least double the cost of paying up front.

2. Permission will not be granted, you will need to reinstate the property condition back to as it was.

If you carry out the work and don't apply for permission then you will have problems when you sell the property as the purchasers solicitor will want to see your permission letter before completing his clients purchase.

Written by someone who DID obtain retrospective permission and WAS charged double for it.....be warned!

[keydow]

A lease requireing the freeholder's permission is very common. It affords them a means of ensuring nothing is carried out that is dangerous, value reducing, not in keeping with the other properties, in breach of restrictions etc etc.

Usually there is an applicaion form to be filled in from the freeholder that asks for all the details and if its acceptable a fee is charged......usually for administration.....and a formal letter giving you permisssion is issued.

If you carry out the work BEFORE getting permission you run 2 risks:

1. Retrospective permission may be granted BUT will be at least double the cost of paying up front.

2. Permission will not be granted, you will need to reinstate the property condition back to as it was.

If you carry out the work and don't apply for permission then you will have problems when you sell the property as the purchasers solicitor will want to see your permission letter before completing his clients purchase.

Written by someone who DID obtain retrospective permission and WAS charged double for it.....be warned!

Thanks richlist. Do you mind me asking how much a double charge came to? And was it a local authority/council that was the landlord or private developer?

I am speaking with a solicitor who says he can get me an indemity policy to cover me as long as the landlord doesnt know about the work when i take the policy. Im just wondering if thats more economical

[Richlist]

Do you mind me asking how much a double charge came to?

I don't actually remember exactly......somewhere around £200 for retrospective permision instead of £100.

And was it a local authority/council that was the landlord or private developer?

No it was charged by the freeholder.....not a local authority/ council.

You may find that a local authority will charge you a lot less.....why not call them and make a general enquiry. I'm sure they'll tell you the costs for permissions over the phone.

I am speaking with a solicitor who says he can get me an indemity policy to cover me as long as the landlord doesnt know about the work when i take the policy.

Oh, I see organised crime is still in existance in the legal profession !

Im just wondering if thats more economical

Highly unlikely.

I can't see an indemnity policy costing much less than £50 and you may find the permission charge is about the same.

[keydow]

I am speaking with a solicitor who says he can get me an indemity policy to cover me as long as the landlord doesnt know about the work when i take the policy.

Oh, I see organised crime is still in existance in the legal profession !

Was that ever in doubt rich list

I will speak to the council on monday and make a "general" enquiry. I just dont want to run the risk of being refused or being delayed 2 months while they tie their red tape and run their buerachreacy

[Guest caravanj]

Just a quick question, how would the council know that you'd done the work if they weren't told?

[Richlist]

They wouldn't BUT....

1. One of the neighbours only has to call them, perhaps complaining about noise, mess, problems caused by the building work.

2. There are questions that the seller must answer truthfully when the property is sold that are designed to identify any breaches of these requrements.

3. The cost of obtaining permission is relatively small and is a very small price for ensuring compliance and having all the correct documentation. Why risk heavy penalties both personal & financial over what amounts to £100 ?

4. Any work may invalidate the buildings insurance who, on inspection may decline to pay out on a claim.