Licence to alter
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Contact our teamMaking alterations to a leased property can be essential for tailoring a space to meet your business or personal needs.
However, these changes often require the landlord’s approval to ensure that the property’s structural integrity and long-term value are maintained. A licence to alter is the legal document that grants this permission, allowing tenants to carry out modifications while ensuring both parties are protected.
A licence to alter is vital in preventing disputes over unauthorised work and clarifying each party’s obligations regarding repairs, reinstatements, and responsibilities during and after the lease period. Without a licence to alter, tenants may breach their lease, which can have costly legal consequences.
What is a licence to alter?
A licence to alter is a formal agreement where the landlord permits a tenant to make specific changes or improvements to a leased property. These changes can range from non-structural adjustments ( such as redecorating or installing new fixtures) to more substantial works (like knocking down walls or expanding the building). The licence outlines the scope of the alterations, any conditions that must be met, and the responsibilities for maintaining or restoring the property.
This agreement ensures that the tenant’s modifications meet building regulations, comply with the lease, and do not devalue or damage the property. It also serves as a safeguard for the landlord, ensuring the property will be well-maintained and, if necessary, restored to its original condition at the end of the lease.
Richard Hughes
Partner | Commercial Property, Real Estate, Real Estate Finance
How we can assist you with the licence to alter process
Securing a licence to alter requires careful negotiation and legal precision. Our team of property law experts are here to guide you through the process, ensuring the terms are clear, legally sound, and beneficial to both parties. Whether you are a tenant seeking permission to enhance your business premises or a landlord needing to protect your asset, we ensure the licence is tailored to reflect the specifics of the alteration and the property’s long-term use.
We support tenants by reviewing lease terms to identify which alterations require approval, negotiating with landlords to secure fair conditions, and helping obtain any additional consents (such as from planning authorities or neighbouring property owners) if necessary. For landlords, we ensure that all potential risks—whether financial, structural, or regulatory—are addressed before granting permission.
Our approach
Our vast experience in property law and licences to alter allow us to deliver precise, practical advice tailored to the needs of both landlords and tenants. We recognise that these agreements need to strike a balance: tenants require flexibility to modify their space, whilst landlords must safeguard their property’s structural integrity and value.
We take a hands-on, detail-oriented approach, ensuring that every aspect of the proposed alterations are carefully considered. From drafting clear, legally enforceable agreements to setting out maintenance and reinstatement responsibilities, we provide comprehensive legal support. Our goal is to ensure the licence to alter protects your interests, prevents future disputes, and ensures compliance with all regulations.
Meet our real estate finance experts
Richard Hughes
Partner | Commercial Property, Real Estate, Real Estate Finance
Jo Farr
Partner | Commercial Property, Real Estate, Land Development, Real Estate Finance
Susannah Marsh
Partner | Financial Services Litigation, Real Estate Finance
Sam Ho
Senior Associate | Commercial Property, Real Estate, Real Estate Finance
Nellie van der Lande
Senior Associate | Commercial Property, Real Estate Finance, Rural Services
Callum Leary
Partner | Commercial Property, Real Estate, Real Estate Finance
Sharon Mays
Senior Associate | Commercial Property, Real Estate, Land Development, Real Estate Finance
Who benefits from our expertise?
We work with a wide range of clients, from commercial tenants looking to make functional modifications to their premises, to landlords concerned with maintaining the long-term value of their property.
Our services are tailored to assist:
- Commercial landlords and tenants managing office, retail, and industrial spaces
- Residential landlords overseeing property improvements by tenants
- Developers navigating alterations in mixed-use buildings or large property portfolios
- Tenants involved in significant structural work or small-scale interior updates
We also assist with planning permissions or third-party consents that may be necessary for more complex alterations, ensuring all legal bases are covered before any work begins.
Get in touch
If you’re planning alterations to a leased property and require a licence to alter, or if you’re a landlord who has been approached for approval, our legal team is here to assist. We provide clear, tailored advice to guide you through the process, ensuring all permissions are legally sound and the terms are fair. Contact us today to explore how we can help you.
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FAQs – Licence to alter
When is a licence to alter required?
A licence to alter is required when a tenant wishes to make structural or significant alterations to a rented property. It grants the tenant permission from the landlord to carry out changes, ensuring the works comply with agreed terms and do not harm the property’s value or structure.
How detailed should a licence to alter be?
A well-drafted licence to alter should be specific and detailed, outlining the exact nature of the work, who is responsible for what during the process, and any conditions tied to the approval. It should address who pays for the work, future repairs, and any requirements for restoring the property.
How do you obtain a licence to alter?
To obtain a licence to alter, the first step is to review your lease to determine if landlord consent is required for any alterations you plan to make. If consent is needed, you’ll need to prepare a detailed proposal outlining the alterations, including plans, drawings, and specifications. This proposal is then submitted to the landlord for review. The landlord may require additional information or adjustments to the proposed works before they agree.
Once the landlord is satisfied with the proposal, they will instruct their solicitor to draft the licence to alter. At this stage, you may need to negotiate the terms of the licence, such as the scope of the alterations, any conditions, and responsibilities for repairs. After both parties agree on the terms, the licence is signed, formalising the agreement. It’s important to note that legal and surveyor fees, often covered by the tenant, are typically involved in this process.
What should a licence to alter include?
A licence to alter should include the following key elements:
- Description of Works: A detailed description of the proposed alterations, including plans and specifications.
- Conditions of Consent: Any conditions or requirements imposed by the landlord, such as obtaining planning permission or building regulation approval.
- Responsibility for Costs: Clarification of who is responsible for legal, surveyor, and construction costs, typically the tenant.
- Reinstatement Obligation: Whether the tenant must restore the property to its original condition at the end of the lease.
- Indemnity Clause: A clause requiring the tenant to indemnify the landlord against any claims or damages arising from the alterations.
- Compliance with Laws: Confirmation that the alterations must comply with all relevant legal requirements, such as building regulations and health and safety laws.
These elements ensure that both parties clearly understand their rights and responsibilities.
What if my landlord refuses to grant a licence to alter?
Landlords are generally required to act reasonably when deciding whether to grant permission for alterations, especially if the lease allows for such changes with consent. If you believe the refusal is unreasonable, seeking legal advice is recommended to resolve the issue.
How long does it take to secure a licence to alter?
The timeline depends on the complexity of the proposed changes and negotiations between the tenant and landlord. Straightforward modifications might be agreed upon quickly, but more substantial or structural alterations could require detailed planning and take longer, particularly if external approvals are needed.
How much does a licence to alter cost?
The cost of a licence to alter can vary based on the complexity of the alterations and the landlord’s legal fees. Typically, these cost range from £500 to £2,000 or more. This usually covers the landlord’s legal and surveyor fees, as well as any necessary administrative costs. The tenant is generally responsible for paying these fees.
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