How to get freeholder consent for a house extension

Opening up a theoretical discussion that results in an agreement is possible in principle, but can be challenging in reality.

Drawing up a set of proposed plans can help you to clearly explain exactly what it is that you want to achieve, and can give concrete points to negotiate if there are any problems. It also means that you can get sign off on your precise project, meaning that no one can turn around at a later date and claim they didn’t fully understand the scope of your plans.

It might sound expensive (particularly if you’re not even sure you want to build yet), but don’t panic - it doesn’t have to break the bank. Book a free consultation with our team and we'll put together a tailored quote suited to your needs.

It’s likely that your lease will include a clause stating that the freeholder “may not unreasonably withhold consent.” In reality, this is assumed and often doesn’t need to be specified, but it’s easier if it is.

By adding an extension to the building, you are likely to be improving it’s value. If your plans are well thought through, the structural integrity of the property is protected, and the construction process is well-monitored to ensure that no other residents will experience any excessive disruption, you would have a strong case to challenge any refusal from the freeholders in court.

However, it’s always nicer and less expensive if you can resolve these situations without intervention from a lawyer.

It’s essential that you engage a structural engineer before starting your build. This can also be a great way to gather reliable 3rd party evidence that your addition is realistic, structurally sound and possible.

The best possible way to avoid any tension in the planning process is to discuss your intentions with the freeholders before you purchase, and have consent to proceed written into your lease (or at the very least, put down in writing).