License to alter required?

[bja199]

Hi,

I have a leasehold flat and the wooden conservatory needs replacing (it's completely rotten in places). I propose to replace it with a new UPVC conservatory, so it looks just the same. It's just a bog standard Victorian style, nothing fancy.

As it happens the Management company (made up of the flat owners) have tried to contact the freeholder recently about another matter and haven't managed to make contact, so I was wondering two things:

- do I need the freeholders permission to replace the conservatory (essentially like for like)?
- what happens if I can't get a response from the freeholder?

Thanks,
Belinda

[jeffrey]

It depends on the precise of the covenants in your lease. Usually, like-for-like replacement would not trigger any need for consent- but check the lease carefully. In addition, is the property:
a. in a conservation Area; or
b. itself a Listed Building?

[bja199]

No, the building is not listed or in a conservation area and the Freeholder has taken very little interest in the property in the past.

If I were to need permission, what happens if I can't get any response from them? Is it just a case of watching the conservatory fall down and not being able to replace it?

If I were to go ahead and there's an issue later I presume it's the sort of thing that can be applied for retrospectively?

Thanks,
Belinda

[jeffrey]

You need legal advice from your solicitor about whether it would be better:
a. to ask L for consent; or
b. not to ask but, instead, to obtain indemnity insurance cover.