Leaseholder Alterations Policy

1. The aim of this policy

Leaseholders of council properties require permission from Red bridge Council as their
landlord before they can carry out any alterations or improvements that will affect the outside or internal structure of their properties.

This policy puts in place a formal policy for the issue of landlord consent for the various types of work involved for leaseholders.

2. Types of alterations and authorisation criteria

Below is a list of definitions of the different types of alterations and the criteria for authorising them:
a) Legal background - a summary of the main powers which the council has in these matters

b) Main criteria for approving alterations - work has been carried out on defining them clearly

c) Types of work requiring landlord permission - a comprehensive list has been compiled of the various types of alterations that leaseholders may think of doing and which require landlord consent

d) Work agreed in principle - Where the Council is prepared to grant landlord consent it must still receive assurance that the work is carried out properly in accordance with the relevant criteria

e) Retrospective permission - the Council will grant consent to leaseholders for alterations which have been carried out without prior authorisation but which meet the necessary criteria

f) Landlord consent - specific levels of authorisation and the corresponding charges have been drawn up

g) Premium for major work- where the Council can consent to major work which is considered to result in damage to or a diminution in the value of property in the building then a premium will be payable

3. The Council's Policy on alterations and improvements

As a rule, the London Borough of Red bridge does not wish to place any obstacles in the way of leaseholders who would like to improve their properties, since it recognises that this type of work can make a substantial contribution to their quality of life. However, consideration must be given in some cases to the effect of the planned work on the structure of the building and the possible impact on other residents. The aesthetics of any alterations needs to be carefully assessed to maintain the uniform appearance of the building. In addition, matters relating to the overall quality of home design are also very important.

4. The legal requirements with respect to landlord permission

The main legal considerations are as follows:

4.1 The lease

In relation to a leasehold property, its location, extent and boundaries are set out in the lease. Under the provisions of the standard form of lease, the leaseholder must obtain the landlord's written consent for any alterations he or she may wish to carry out inside their flat or to the exterior of the building. However, no part of the exterior of the building is part of the leasehold property although there may be an individual garden where this is specified in the lease.

4.2 Statutory - Leaseholders

The landlord must also have regard to the Landlord and Tenant Act 1927. Section 19(2) of this Act states that regardless of the lease, consent for alterations cannot be unreasonably withheld.

4.3 Reasonable grounds for refusing consent.

The Council will normally not consider some types of alterations, such as the subdivision of flats, extensions and conservatories in blocks offlats or security grilles for both windows and doors. More details are given in Appendix 1.

5. Landlord consent and planning permission.

Both the resident and the landlord must be aware of the requirements arising from these. They are quite different.

5.1 Landlord consent must be granted before any further consents or approvals are applied for. Whilst there is no legal requirement for leaseholders to do this, it is a requirement of this policy and will avoid leaseholders incurring costs on alterations that may be refused by the Council as landlord. It takes account of the requirements for the management of the building and the various criteria listed in
paragraph 6.1 below. The work required in processing applications is dealt with by the Council's Housing Service.

5.2 Planning permission is subject to the planning laws and regulations (including the building regulations). It is dealt with by the Council's planning service

6. The Council's main criteria for granting landlord permission to leaseholders

6.1 Main criteria for approving alterations

The following is a summary of the main criteria which are used in deciding whether the Council can authorise a proposed alteration. More details are provided in Appendix 1.

6.1.1 lnternal work

The Council will generally grant consent for proposed alterations to the inside of the property subject to a number of important qualifications. Subdivision of a property into two flats will usually not be allowed because this may affect the insurance, structure of the property, the charging mechanism for leaseholder service charges and other leaseholders. Bedroom size must be acceptable. A flue for a new boiler or gas fire must not cause damage to the wall. Please see Appendix 1 for details.

6.1.2 External, structural, safety or environmental criteria

When reaching its decision on whether to grant or withhold consent, the Council must have regard to a variety of criteria. The proposed work must not cause or be likely to cause any maintenance or structural problems for the Council as landlord. It must not encroach onto or affect the present or future use of any land which is not part of the flat.
Building a permanent building in the garden is not permitted. Erecting temporary buildings such as sheds and gazebos will be considered. However the Council will consider the size and material and proximity to the building. Any proposed alteration must not adversely affect other residents. Alterations must be aesthetically acceptable and must fit in with the general style and appearance of
the building and the estate.

Grilles over windows and doors constitute a hazard in the event of fire and so cannot be permitted. Consent for satellite dishes will not be normally be granted and can only be considered if there is no TV communal reception system for the building.

6.2 Types of work requiring landlord permission.

A detailed list has been drawn up of the categories of work requiring landlord consent and this is provided in appendix 1.

6.3 Conditions which applicants must meet before they can obtain landlord consent for work which the Council can agree in principle

6.3.1 General

Permission cannot be granted:
a. if the applicant has arrears of service charges, council tax or any other debts with the Council, without an agreement to pay;

b. if the Council is about to take or is taking action for any breach of the lease.

6.3.2 Conditions for landlord consent

If the proposed alteration is considered to be possible in principle the leaseholder must provide the following, as appropriate:

Before start of work:

a) Conservation Area requirements - relating to doors and windows and any external work-information available from the planning department

b) Full description of the proposed work including a diagram or plans if appropriate.

c) Architectural plans for structural work or reconfiguration

d) Structural calculations or engineers report

e) Compliance with the Party Wall Act (where appropriate) - party wall agreement with adjacent owners if the structure of the party wall is affected.

f) Cost estimate for insurance revaluation in the case of major work

g) Fees- payment of the necessary landlord fees in advance

h) Payment of premium (if required in relation to major work) in respect of a reasonable sum for any damage or diminution in value

i) Conditions of work - where the Council specifies certain conditions are to be met in carrying out the work; the leaseholder must sign an agreement to comply with these.

j) Site inspections - pre- or post-work is required. These will generally be carried out by asset management check.

Post completion matters:

I. Certificates - Building control approval, certificates of gas safety, NICEIC (electrical safety) - to be provided by the leaseholder following completion of the work.

II. Post work inspection, if required

Ill. Defects or non-compliance. Any faults or issues of non-compliance must be rectified at the leaseholder's own expense within 6 weeks.

IV. Building Control approvals if relevant

V. Planning permission if relevant

Major work- such as loft conversion. This will require a licence or deed of variation.

6.4 Retrospective permission

Appendix 1 lists the various types of work which require the permission of the Council as the landlord before it can be carried out. Where the Council becomes aware of alterations that have been undertaken without landlord consent the leaseholder will have to submit a retrospective application for consent. The following criteria will apply:

I. The policy as set out above will apply in all cases and the Council will take every effort to ensure that consent is not unreasonably withheld. The Council will ensure that any issues relating to unauthorised alterations are reviewed in accordance with the surveyor's report.

II. Where permission is granted this will be subject to all conditions being met and fees/charges paid.

Ill. Where retrospective consent cannot be granted, the leaseholder will be required to reinstate the property to its former condition that is before the alterations were carried out, at no cost to the Council.

IV. An inspection of the property will be carried out to confirm that any work required by the Council as the landlord has taken place and that it is to a satisfactory standard.

V. Advice will be sought from Legal Services regarding appropriate enforcement action in respect of any failures to comply with Council's conditions.

6.5 Appeals

There is no Council procedure for appealing against an application that is not approved. However, the leaseholder may raise issues through the Council's formal complaints procedure.

7. Authorisation

The type of authorisation required in relation to leaseholders' applications depends on the nature of the work and whether it requires changes to their lease.

7.1 Fees and Charges

Section 19(2) of the Landlord and Tenant Act 1927 enables the land lord to require payment of a reasonable sum to cover legal or other expenses properly incurred as a precondition to the granting of a licence or a consent. Our fees and charges for work carried out by the Housing Service are set out in our fees and charges document and can be found on our website, these do not include legal fees or external fees.

7.2 Levels of authorisation Authorisation should be given by the Head of Service or Home Ownership Team Manager.

a. No permission required - for instance internal decorations, repair or like for like replacement of internal fixtures and fittings.

b. Letter of Consent - for items such as the like-for-like replacement of bathroom and kitchen fixtures and fittings will be granted by Housing

c. Licence for alterations - examples is the installation of an en-suite shower room, the removal of a chimney breast.

d. Deed of variation - This is for anything that alters the demise (description of the property in the lease). This will generally mean a change in the number of rooms, for example in the case of a loft conversion; or where the Council agrees to sel I a garden to a leaseholder.

7.3 Authorisation documents and fee structure

All work which requires a licence or deed of variation must be approved by a Head of Service. Our fees and charges are set out in out in our Fees and Charges document which is available on-line.

In addition to the proposed standard fees we will make an additional charge where external agencies or contractors are procured to carry out work such as external structural assessments of the proposals and to carry out a post inspection.

8. The basis for a premium chargeable to leaseholders for major alterations

The following considerations only apply to leaseholders where the Council is able to agree to a major alteration. It will only be able to agree to this type of alteration in exceptional circumstances. Furthermore, where a premium is applicable a change in the lease may also be required.

8.1 Valuation

A valuation of the work will be arranged by the Council and recharged to the leaseholder.

8.2 Disputed Valuation

If the leaseholder disputes the valuation as determined by the Council then he or she may commission their own valuation of the work they propose at their own cost. However, their costs will not be refundable even if their appeal succeeds. The valuer they choose must be a member of the Royal Institute of Chartered surveyors and must be agreed as being properly qualified by the Council.

Appendix 1

Main Criteria for approving alterations

This appendix describes the main criteria which the Council as the landlord uses in relation to applications for alterations to its properties. It should be noted that where an alteration can be agreed which significantly affects the exterior or the structure of the building, the leaseholder will have to accept complete responsibility for any work required in relation to its future maintenance or replacement or the cost of the rectification of any damage to the rest of the building. Each of these criteria should not be regarded as being self-contained since they often have implications for other types of alterations.

A. Internal work

Consent will normally be given for proposed alterations to the inside of the property subject to the following considerations:

• Change of the layout (reconfiguration). The Council can only consider this type of proposal if a change in the use of a room does not impact on other flats in the building (for instance see 'bedroom position'). It must not cause additional noise or disturbance because of changes in the habitation or the use of the premises that could not have been envisaged in the original design of the building and of the adjacent living spaces. Any proposed change in layout should not reduce the possibility of escape from the flat in the event of a fire nor should it increase the likelihood of the onset or spread of fire and smoke.
• Subdivision- Subdividing the property into more than one dwelling unit will generally not be allowed.
• Structural alterations as no part of the structure is demised, these are generally not allowed.
• Bedroom size - the proposed size of a bedroom must not fall below the minimum reasonable and acceptable standard.
• Bedroom position - a bedroom must not be situated above or below a living room or kitchen of another flat.
• Overcrowding- any alterations must not make the property likely to become overcrowded
• New window or door openings- the creation of a new window or doorway in the outside wall will not be allowed, except for windows or doors in approved extensions.
• Fireplace - creation of a new fireplace or the opening up of one that has been sealed. This will not normally be permitted in view of the burden of the additional maintenance for the landlord in relation to the flue and chimney in the building.
• Loft alterations will be allowed where the loft is already part of the flat or can easily be included as part of it. Alterations to the loft will only be allowed where they will not adversely affect the roof or be likely to cause noise in adjacent flats.
  The leaseholder can only alter a loft space which does not contain communal services such as tanks, pipes cables, etc. Furthermore, unless it is clearly included as part of their property under the terms of their lease (which is very unlikely), they will have to negotiate the purchase of a lease from the Council before they can apply for landlord consent to any alterations there.
  
  If significant changes of the roof structure are proposed, such as dormer windows, then it is probable
  that the Council will not be able to agree the proposal in view of the implications for the future maintenance of the roof and exterior of the building which are the responsibility of the landlord under the terms of the lease.
  
  b. Solid timber, flooring finishes in stone, tiles and so on. Permission can only be granted if the Council is satisfied that the main structure of the floor is capable of supporting the additional loading. The specification must be of good quality and documents must be provided indicating the exact nature of what is proposed. In addition, it must be shown that the sound insulation will be sufficient to prevent footfall noise from causing inconvenience to
  neighbouring properties.
  
  c. Carpet and floor coverings must be used on all floor surfaces wherever necessary to prevent excessive footfall noise from disturbing neighbouring properties.

B. External, Structural, safety or environmental criteria

When reaching its decision on whether to grant or withhold consent, the Council as landlord will have to regard to the following:

a. Making the property structurally dangerous or unstable
The Council maintains the absolute right to withhold consent if the proposals could make the property dangerous or unstable. This normally includes proposals such as removing a supporting wall or where the foundations could be weakened by the alterations. Even in such cases, the Council may consider granting consent subject to it being satisfied that appropriate and properly validated structural remedies are included within proposed works.

b. Causing nuisance or inconvenience to other residents
Permission will not be granted where there is the possibility that other residents may be adversely affected, for whatever reason. The Council will investigate any objections made and decide whether to withhold consent.

Some proposals will have greater potential than others to cause a nuisance or inconvenience to other residents. The extent to which this is the case will have a bearing on the Council's decision on whether to grant or withhold consent.

c. Aesthetic considerations
The Council has the right to withhold consent if it considers that the proposals are not in keeping with the building or surrounding area. All cases will be considered on their merits and the Council will not adopt a blanket approach.

A decision to grant consent in one area or with regard to a particular type of building will not bind the Council when considering other similar proposals, since different criteria may apply, such as those of a stylistic nature in relation to the building or their neighbourhood. Furthermore, while the Council may (in certain circumstances) grant consent to erect a conservatory or extension to the leaseholder of a flat in a 'traditional' semi-detached type dwelling (if the construction is in keeping with the features of the building), it will not normally grant consent to the leaseholder of a flat in a block of flats for this type of development.

C. Exterior minor work

Exterior brickwork
Any changes to the exterior (such as painting of the brickwork) will not normally be allowed.

Exterior fixtures and fittings
The attachment of anything outside the property requires permission from the Council. Examples are security cameras, burglar alarm boxes, external signage and exterior lighting. They will be dealt with on a case by case basis.

D. Conservatories

Permission for a conservatory can usually only be considered where the garden belongs to the flat or maisonette and is for the sole use of the residents who live in it. The type of construction will require a light weight (glass) roof and clear glass sides that do not obstruct the light of adjoining properties.

It must not extend above ground floor level and should occupy no more than one third of the garden area. A conservatory will not normally be permitted where the flat is situated in a block of flats - please see previous paragraph. Other issues which may prevent this type of development are:

• The maintenance of the rest of the building - for instance a new conservatory may make it very difficult to set up scaffolding to access the rear elevation.
• Access of other residents to the building or the garden may adversely be affected.
• Access to underground drainage and other services for maintenance purposes may be impeded.
• Rainwater run off gutters or pipes may be impaired.
• A new opening in the wall may incur extra liabilities for the Council.

As part of any consent granted by the Council, a leaseholder must enter into a legal agreement to undertake all the necessary work relating to the new development including its future maintenance, its replacement or removal and any making good of the exterior or structure or the rest of the building or any part of the garden which may be required as a result of it.

E. Gardens

Applications to erect sheds, gazebos and anything placed or kept in the garden area, will require the Council's permission.

Even if it is considered feasible, construction in the garden can only be considered provided that certain requirements are met from a technical perspective and from the point of view of the proper management of the building. The council will only consider applications for extensions in a garden area (which is a part of the demise of the property) in exceptional circumstances.

Furthermore, consideration of this type of application will only normally be given in relation to converted (street) properties rather than flats within blocks. In processing such a proposal, we will consult with other residents to find out whether they have any reasonable objections (see also the other paragraphs in this Appendix.)

F. Extensions

Where the Council can agree to the building of an extension the following conditions will apply. Under the planning regulations, planning permission is always required as well as landlord consent) for this type of development. Other issues which may prevent this type of development are:

• The capacity of the existing drainage and sewage pipes may be insufficient to serve it adequately
• The new structure may interfere or adversely affect the access of other residents to the building or the garden
• Access to underground drainage and other services fo r maintenance purposes may be impeded.
• Rainwater run off gutters or pipes may be adversely affected.
• A new opening in the wall may incur extra liabilities for the Council.

As part of any consent granted by the Council, a leaseholder must enter into a legal agreement to undertake all the necessary work relating to the new development including its future maintenance, and any making good of the exterior or structure of the rest of the building or garden which may be required as a result of it.

G. Communal areas

Any proposals that might affect access to or the use of a communal area including corridors, stairs, entrances, basement areas, gardens and (except in limited circumstances) lofts will not be permitted.

H. Building on land which is not part of the flat

The Council will not grant permission to any leaseholder who seeks to encroach or trespass onto land outside the demise of their lease. Furthermore, it will take all necessary action to prevent any such encroachment.

Granting permission to extend onto land not included in the lease can have a detrimental effect on the future use of that land. It can reduce the quiet enjoyment and use of the land by other residents as well as bind future occupiers of neighbouring properties to restricted use of what was originally land demised with their property or had rights granted over.

Although providing the potential for some income to the Council, the sale of small parcels of land could also reduce the long-term potential of the Council to meet housing need by limiting the use of its retained land and property assets. In exceptional cases it could reduce development opportunity if land sold to a leaseholder could have been put to better use by including it in an adjacent plot to improve its development potential.

I. Preventing light or air reaching other residents

The Council will not generally allow any development that will significantly reduce the light and air for other residents. It will have regard to the extent that any proposal adversely affects the quality of light or air to other residents and will seek advice from the relevant professionals within the Council before reaching a decision. The Council has the right to refuse permission where it is considered the proposal has a disproportionate and adverse effect on other residents.

J. Digital TV aerials and satellite dishes

The Council does not generally permit the installation of individual satellite dishes by tenants or leaseholders on its buildings since this frequently causes considerable damage to roofs and the outside fabric of the building. We will remove all unauthorized installations and recharge the resident responsible for the cost of doing so. Consideration can only be given to a request for the installation of a dish if there is no communal dish or TV aerial for the building. Furthermore, in the case of blocks of flats, planning permission is invariably required for the installation of TV aerials or dishes as well as landlord consent.

K. Conservation areas and local bye-laws

Landlord consent will not be granted where the proposed alterations contravene local bye-laws, conservation areas or where the decision is at odds with prevailing tenancy conditions of Council property in the area.

L. Health & safety implications

All applications to make alterations will be subject to the health and safety regulations and to any considerations arising from them. The Council will adopt this approach both when reaching a decision to grant or withhold consent and in determining the terms of the formal Licence to alter.

M. Security Grilles

The Council cannot agree to security grilles being installed over either windows or doors because they might prevent rapid exit from the building in the event of fire.

Security grilles installed over windows and doors would require both planning permission and landlord consent and are often unsightly. However, the main consideration is that the fire brigade has advised that they are a potential safety hazard since they can impede access or escape in the case of fire. It is therefore not possible for landlord approval to be granted for such installations.

General procedural notes

a. Arrears. The applicant must have no arrears outstanding, such as unpaid rent or service charges, or council tax and so on or any other breach of lease

b. Windows - The leaseholder must replace all windows if they wish to be exempt of the landlord charges for their maintenance

c. HOT consent letter - A letter issued by the Home Ownership Team. Required for minor internal alterations.

d. Licence for Alterations A formal legal document required. Required for major internal/external alterations/additions.

e. Deed of variation - A formal legal document required where there is a change in the demised premises in the lease. Required where additional land is to be leased or the description of the property changes i.e. 1 bed flat to a 2-bed flat. This document is registered at HM Land Registry.