Alterations and home improvements

An alteration can be large or small home improvements and include:

• structural work – for example, removing a wall or adding an extension
• non-structural work – for example, decorating, moving radiators, replacing carpets with wooden floors
• safety-critical work – for example, replacing a fire door (like your flat's front door) or changes affecting gas pipes, electrical wiring

Check which parts of the property you own

Your lease should tell you which parts of the property you own and control (sometimes called “demised premises”) and which parts the landlord owns and controls (sometimes called “retained premises”). You cannot make changes to the parts that your landlord owns without their permission.

Check the rules about alterations

Your lease should also say what you can and cannot do with your property. It might:

• ban (“prohibit”) alterations
• allow alterations
• allow alterations but only with the landlord’s written permission
• allow alterations but only with a licence (a formal legal document that shows you have permission from the landlord for the alteration)
• allow alterations but subject to conditions the landlord can specify in a licence

Example conditions in a licence might include:

• approving your contractors
• asking for proof that the completed work meets regulatory building standards
• updating the lease so there is a permanent record of the work

Your lease might allow alterations but state “as long as they do not damage the building or reduce the value of the flat”. What counts as “damage” or “reducing the value” can get very complicated. It’s best to get professional advice and agree the work beforehand with your landlord.

Common restrictions on alterations

Even if alterations are allowed, other clauses in your lease can prevent (“restrict”) certain types of work. For example:

• “no cutting of external walls” – this would prevent you from creating new openings like windows, doors or for pipes
• “floors must be carpeted” – this might prevent you from laying wooden or laminate flooring
• creating an additional room
• changing the boiler system
• drilling into the external wall to install a flue
• installing CCTV, a heat pump or an electric car charging port on the external wall

If your lease says you need written permission (“consent”) to make an alteration, you must get it before starting the work.

You might need written permission each time you make an alteration. For example, your lease might have a clause that says “consent by the landlord to one assignment shall not be deemed to be consent to any subsequent one”.

How to ask for permission

Put your request in writing, date it and keep copies of all letters or emails.

Do not rely on verbal consent – get it in writing so you have proof in case of disagreements later.

It’s useful to include:

• a clear description of the work
• plans or photos of the work
• contractor quotes and insurance details
• proof of building regulation compliance or planning permission (confirmation or applications)
• proposed timetable and contact details

Your lease might say how much notice you should give. Otherwise, you can ask the landlord to respond by a certain date, but they do not have to meet this deadline or reply quickly. Be sure to give the landlord a reasonable period to respond (for example, 2 weeks).

If your lease allows alterations with the landlord’s consent, your landlord must:

• respond to a request for consent in writing
• give consent unless there is a reasonable reason to refuse
• state their reasons for refusing

However, the landlord does not have to do this if your alterations involve any part of the building they own or control (known as “retained premises”).

If your lease bans alterations, the landlord does not have to consider your request and does not have to respond. You would need to get the clause banning alterations changed (“varied”).

Your lease might say how long a landlord will take to respond to your request. It can vary depending on the alterations you are making. It must be a reasonable amount of time.

If permission is needed and an alteration is made without it, you could be in breach of your lease. This is true even if the alteration was made by a previous owner. This is because restrictions “run with the land” and you are taken to agree to ensure they are observed in relation to a prior owner’s changes.

In some circumstances there can be a 12-year time limit for the landlord to take action for a breach of the lease, under the Limitation Act 1980. But the time limit may not apply if the landlord can show that a breach is continuing – this depends on the exact wording of your lease.

It’s best to get professional advice about resolving unauthorised alterations. For example, applying for retrospective consent and working with the landlord to resolve any issues.

If the lease allows, the landlord can charge a fee for legal or other expenses related to giving consent. For example, they might charge a fee to:

• cover any surveyor’s costs – if a surveyor is needed
• inspect the work afterwards

These fees count as an administration charge. This means they must be payable under your lease, variable charges must be reasonable, and any demand for payment must include a summary of your rights and obligations in the correct format.

Being charged a premium

If structural alteration work affects parts of the building the landlord owns, they might be able to charge a fee called a “premium”. Usually, the premium is calculated as a share of the increase in value that the alteration adds to your flat.

There is no legal limit on the amount the landlord can charge and you cannot challenge the amount at a tribunal. It’s best to get professional advice if you cannot agree on the premium with your landlord.

Examples of when a premium might be charged include:

• adding a balcony that attaches to an external wall
• converting your loft and adding a skylight or dormer in the roof
• extending your flat into external walls or roof space that you do not own

It is against the law for the landlord to charge a premium for non-structural alterations when they require the landlord’s consent or licence. This applies regardless of what is stated in your lease.

Check if your alterations need planning permission or building regulations approval.

Even if you have these, you still need your landlord’s consent if the lease requires it.

Find out more: the rules on replacing or repairing fire doors (like your flat's front door)

You must consider how the work affects other leaseholders and occupiers. This includes:

• noise – avoid excessive noise that could disturb neighbours
• access – ensure corridors, staircases or shared areas are kept clean and clear

Always check your lease for any specific responsibilities and, if needed, agree any conditions with the landlord to minimise disruption.

It’s important to consider your responsibilities in case you breach your lease.