If the leaseholder intends to carry out the following structural works, changing windows, inclusion or re-position of wet areas or changing floor coverings from soft to hard coverings; it is likely their works would require a License to Alteration under the terms of the Lease. Working closely with the freeholder, their solicitor and leaseholder we ensure the smooth obtaining of a License for Alteration where one is required. From the initial review of the design and Lease we identify whether the works would require a license to alter from the freeholder.
We then request the necessary information, once in receipt of the information which would include method statements and possible structural design. We produce a specification of the works and drawings if requested. If required by the Leaseholder we can deal with requests for any security deposits on behalf of the freeholder to be placed in an independent escrow account.
In order to prevent and limit disputes. We can carry out schedules of condition in conjunction with the freeholder’s surveyor of the building fabric in close proximity and finalise the content of the conditions of the License for Alteration.
Once we are content with the information in the License the Freeholder’s solicitor would issue to both parties for agreement and signature. The work can subsequently commence subject to any conditions in the License.
The freeholder’s solicitor would issue a draft license for alteration to both parties surveyor’s for agreement and signature. We would check the draft agreement to ensure that the contents of the agreement were fair to both parties before recommending the leaseholder to agree and sign.
It is not recommended that works progress without a license. Unauthorised works can usually be flagged up by the prospective buyer’s solicitor, stalling sales, affecting value and the likelihood of re-finance.
If works are carried out and completed without a License agreement a freeholder can legally insist to reinstate the property to its previous layout and condition.
The leaseholder is usually responsible for the fees incurred the Freeholder in granting a license by way of his solicitor and surveyor.
Additionally, we can offer services of managing the works on behalf the leaseholder.
Neighbourly Liaison
We facilitate meaningful discussions between the client / developer and the neighbours whose homes and buildings are situated close to the development scheme in question. This helps the community to be understanding of the requirements of the development and to ensure that relationship are maintained during and after the construction phase.
Schedules Of Condition
The ultimate purpose of a Schedule of Condition is to safeguard the legal position of the developer and their neighbour(s). We undertake condition surveys of properties of historical or local significance within the structural zone of influence. Older properties can be more sensitive to adjacent construction works. Carrying out a Schedule of Condition can also avoid spurious claims of alleged damage from the neighbour(s), alternatively it can provide validity to a claim of damage for the Adjoining Owner.
Crane/Scaffold Licences
Only in two instances can access be permitted into the neighbouring land. One is under the Party Wall etc Act 1996, where the Building Owner intends to carry out works in pursuance of the Act. The other is under the Access to Neighbouring Land Act 1992. The latter Act only allows for maintenance works. All other access requirements must be dealt with by way of a License Agreement. We are highly experienced when dealing with these matters both on behalf of the Building Owner and neighbour and always conclude matters to the satisfaction of both parties.
Boundary Determination
Regularly a cause for hostility between neighbours, boundary disputes need not to be onerous or time consuming. A legal boundary line separates the land of particular properties. All physical features, subterranean elements and airspace on either side of the boundary belong wholly to that owner. A physical Boundary line and legal boundary line are not the same. A Boundary dispute is when two owners are in disagreement as to the boundary. We carry out site visit(s) to carry out initial measurements and look at the historic evidence for the boundary line and can advise the owners of the accurate boundary position with the intention to bring the cessation of any contention between the neighbours.
Related Blog Posts
December 10, 2022
Rightmove Named St Ives As Happiest Place To Live In UK
St Ives is the happiest place in the UK, with house prices nearly double the national average, which could interest investors with land acquisition strategies.
When Do You Need Party Wall Agreement For Building Work?
When planning major renovation work on your property, you might need party wall act advice if the job involves a boundary that is shared with a neighbour.
St Ives is the happiest place in the UK, with house prices nearly double the national average, which could interest investors with land acquisition strategies.