Larger scale works such as a rear extension, loft or basement conversion will almost certainly require Landlord’s consent and may also have to involve further investigations from a development valuation perspective, if consent can be withheld and a premium payable. The following are further examples of works that are likely to require Landlord’s consent:
Typically requested information would be architectural and engineering drawings, engineering calculations, insurance documents, health & safety and Construction (Design and Management) Regulations 2015 (CDM). The list of required information will vary from case to case, but will usually be much less onerous than for works on commercial premises.
One interesting query that is often raised is “do I need a party wall award with my freeholder?” Whilst a freeholder can insist on a notice and resulting award, the LTA that is produced for the freeholder will cover many of the same items and possibly go into a touch more detail. It should also be pointed out that when compared with a commercial LTA, a residential one can often be relatively simple, and the number of hours involvement from solicitors and surveyors kept to a minimum.
It used to be common for party wall awards to include an obligation for the building owner to ‘maintain or cause contractor(s) to maintain adequate insurance against such risks and provide evidence of this upon demand by the adjoining owner’s surveyor contractor’ and this was generally interpreted as the relatively ... Read More >>
I often tell adjoining owners that have suffered damage as a result of party wall work not to, under any circumstances, enter into discussions directly with their neighbours’ builder. By giving such advice, I’m not trying to make life difficult for building owners but rather making the point that under the Act it is the ... Read More >>
Right of first refusal (RFR) is invoked when the freeholder (landlord) wants to sell their interest in a building that is subject to RFR legislation and they are required under the Landlord and Tenant Act 1987 (the “1987 Act”) to offer this interest to the leaseholders first.This can be the entire freehold, part of the ... Read More >>