Yes — in many cases you can obtain a retrospective Licence for Alterations (sometimes called retrospective consent), but it’s rarely as simple as “pay a fee and get a letter.” A landlord/freeholder is being asked to approve works after they have been completed, without having had the chance to control risk, method, or compliance at the time.
That means retrospective licences are usually assessed on three things:
- What the lease says about alterations (absolute / qualified / fully qualified)
- What was actually done (cosmetic vs structural vs wet areas vs flooring vs external)
- How much evidence you can provide to demonstrate the works are safe, compliant, and not causing nuisance or management issues
Retrospective consent is most commonly needed when:
- you’re selling and a buyer’s solicitor asks for licences and approvals,
- you’re remortgaging and the lender raises enquiries,
- the managing agent becomes aware of historic works (often due to a complaint), or
- you want to regularise your paperwork to avoid problems later.
1) What is a retrospective licence, in practical terms?
A normal Licence for Alterations is granted before works begin. A retrospective licence is the landlord/freeholder agreeing, after the fact, that:
- the alterations can remain,
- you accept conditions and responsibility relating to the works, and
- you pay the landlord’s reasonable costs for review, inspection, and legal drafting.
It is essentially a way to regularise a historic breach of covenant and create a proper paper trail for future saleability and lender confidence.
2) Does the freeholder have to grant retrospective consent?
Not automatically. The freeholder’s duty (if any) depends on your lease covenant type:
A) Absolute covenant (strictest)
If your lease prohibits alterations outright, with no consent mechanism, the freeholder is often under no contractual obligation to grant consent — retrospective or otherwise. They may still agree in practice, but it’s discretionary and can be harder.
B) Qualified covenant
If your lease says “no alterations without consent” but doesn’t include “not unreasonably withheld,” the freeholder can have broader discretion. Retrospective consent may still be granted, but conditions and fees may be strict.
C) Fully qualified covenant
If the lease says consent must not be unreasonably withheld/delayed, you often have a stronger position if the freeholder is refusing for no proper reason. However, retrospective applications are still more complex because the landlord is assessing unknown risk and compliance.
3) What types of works are most likely to be regularised retrospectively?
Freeholders tend to be more open to retrospective consent where the works are low-risk and can be verified easily.
Generally easier (low-risk internal works)
- redecoration
- like-for-like kitchen replacement (without moving plumbing routes)
- like-for-like bathroom replacement (without relocating or changing drainage routes)
- internal joinery replacement
- non-structural “tidy-up” works (subject to lease wording)
Even here, the lease might still require consent, but these are more likely to be approved once documented.
Often possible but more scrutinised (medium-risk works)
- partial layout changes where walls were altered (even non-loadbearing)
- kitchen/bathroom works involving plumbing changes
- significant electrical works
- ceiling alterations and downlights (fire-stopping considerations)
- external vents for extractors (appearance + weathering + penetrations)
These are often approved with conditions—especially if you can provide certificates and evidence.
Harder (high-risk or contentious works)
- structural wall removals, steels/RSJs
- moving bathrooms or creating additional wet rooms
- hard flooring in breach of acoustic restrictions
- works affecting fire compartmentation, service risers, or protected routes
- external changes such as window replacement without permission
- balcony/terrace alterations
These may still be regularised, but the freeholder may require deeper evidence, inspections, tests, or remedial works.
4) Why freeholders can be cautious about retrospective licences
From the landlord’s perspective, approving work after completion creates risk:
- Unknown workmanship: was it done properly?
- Hidden elements: fire stopping, structural supports, waterproofing, acoustic layers
- Ongoing nuisance: noise transmission due to hard floors, vibration, fan noise
- Water escape risk: leaks can impact multiple flats
- Future maintenance: alterations may block access to services or complicate repairs
- Insurance exposure: claims can affect the whole building
A good retrospective application reduces these concerns through evidence and clarity.
5) The typical retrospective process step-by-step
Every landlord is different, but the process usually follows this pattern:
Step 1: Pause and take advice if you’re selling
If a sale is live, talk to your conveyancer before approaching the freeholder, because strategy matters. Sometimes there are timing and negotiation considerations.
Step 2: Gather an “evidence and compliance pack”
The stronger your pack, the less scope there is for delay or refusal.
A good pack typically includes:
- a written summary of works (what, where, when, by whom)
- photos (before/after if available, plus current condition)
- invoices and contractor details
- building control approval and completion certificate (if applicable)
- electrical installation certificate
- Gas Safe documentation (if relevant)
- structural engineer documents (if any structural works were done)
- flooring/acoustic product data sheets (if hard flooring)
- ventilation details where new ducts/vents were formed
Pro tip: Where works are concealed (fire stopping, waterproofing), any photos taken “before closing up” are hugely helpful.
Step 3: Submit an application and agree costs
Many landlords will ask for:
- an admin fee, and
- a written undertaking that you’ll pay their surveyor and legal costs.
Step 4: Landlord’s surveyor inspection and review
The landlord’s surveyor may:
- inspect the flat, and
- ask for clarifications or further evidence.
If the works are high-risk or poorly documented, they may request:
- targeted opening up (rare for minor works, more likely for structural/fire questions), and/or
- independent testing (e.g., acoustic test for flooring), and/or
- engineer confirmation.
Step 5: Remedial actions (if required)
If the surveyor identifies non-compliance or unacceptable risk, the freeholder may require:
- upgrading acoustic underlay
- reinstating appropriate floor finishes
- making good penetrations and fire stopping
- improving sealing in wet areas
- correcting external finishing around vents/openings
- providing missing certificates
Step 6: Licence drafted and completed
Once satisfied, the freeholder’s solicitor drafts the retrospective licence and it is signed and dated.
6) How long does it take?
It varies widely, but time depends mainly on:
- how complete your evidence pack is,
- whether inspections are needed, and
- whether the freeholder’s solicitor and surveyor are responsive.
If the works are low-risk and well documented, it can be comparatively quick. If the works are structural, wet-area relocations, or flooring-related, expect more scrutiny and potentially a longer process.
7) What does it cost?
Retrospective licences are often more expensive than getting consent up front, because the freeholder is dealing with higher uncertainty. Costs can include:
- landlord surveyor inspection and review fees
- landlord legal fees for drafting the licence
- managing agent admin fees
- your own solicitor’s advice (strongly recommended in complex cases)
- plus any remedial works or tests needed to satisfy the freeholder
The most expensive cases are usually those involving:
- structural alterations without engineer evidence, or
- hard flooring where acoustics weren’t properly considered.
8) What about indemnity insurance instead?
Sometimes people ask whether indemnity insurance can replace retrospective consent. This is highly situation-specific and should be discussed with your solicitor. In general:
- some buyers/lenders prefer actual consent over a policy,
- approaching the freeholder can affect whether a policy is available, and
- insurance does not “fix” underlying issues (e.g., noise complaints, fire stopping).
So, get legal advice before choosing that route.
9) How to improve your chance of success (and reduce hassle)
- Be transparent and specific about what was done
- Provide a decision-ready pack with certificates and photos
- Separate works into categories (cosmetic vs structural vs flooring vs wet areas)
- Offer reasonable access for inspection
- Be prepared to undertake reasonable remedial works if required
- Keep communication calm, factual, and written
The takeaway
Yes — retrospective Licences for Alterations are often possible, particularly for low-risk internal refurbishments. But the more your works involve structure, wet areas, fire safety, acoustics, or external alterations, the more evidence and scrutiny will be required, and the higher the chance the freeholder will insist on inspections, testing, or remedial upgrades before granting consent.
Need help regularising historic works in a leasehold flat?
Email mail@howorth.uk or call 07794 400 212. Tell us what alterations were done, roughly when, and whether it involved structural work, flooring changes, kitchens/bathrooms, or external vents/windows. We’ll explain what evidence is typically needed for retrospective consent, what freeholders usually focus on, and how to approach the process to minimise delays and surprise costs.