Sometimes yes, sometimes no — it depends mainly on what your lease says about alterations and consent.
The key point is this:
- Your freeholder doesn’t automatically have to consent just because you want to improve your home.
- But if your lease contains a fully qualified alterations covenant (for example, consent “not to be unreasonably withheld”), then the freeholder must deal with your request reasonably. They can still refuse, but only for reasonable grounds.
This is general guidance (not legal advice). Your solicitor should review your lease wording and your proposed works.
1) Step one: identify what alterations covenant you have
A) Absolute covenant (strictest)
If your lease effectively prohibits alterations outright (with no consent mechanism), the freeholder generally:
- does not have to give consent, because the lease doesn’t promise a route to consent.
In practice, some freeholders may still agree via a separate licence, but they are often under no contractual obligation to do so.
B) Qualified covenant (“no alterations without consent”)
If your lease says you must not alter without the freeholder’s consent, the freeholder:
- can consider your application and may consent, refuse, or impose conditions, depending on the wording and circumstances.
If the lease doesn’t say consent must be reasonable, the freeholder’s discretion can be broader (although they still need to act properly and consistently).
C) Fully qualified covenant (“consent not to be unreasonably withheld/delayed”)
If your lease includes this wording, the freeholder:
- must not refuse (or delay) consent unreasonably.
This doesn’t mean they must say “yes” to everything. It means:
- refusal must be based on sensible, building-related reasons, and
- conditions/requirements should be reasonable and proportionate.
2) Even where consent must be reasonable, freeholders can still refuse for legitimate reasons
Freeholders commonly refuse or impose strict conditions where the works could affect:
Structure
- removing/altering walls
- new openings
- installing steels
- altering floors/ceilings in ways that affect the building
Fire safety
- penetrations through compartment walls/floors
- works affecting risers, voids, ceilings
- anything affecting protected routes or fire stopping
Noise and nuisance (especially flooring)
- hard flooring without suitable acoustic measures
- works likely to generate excessive disturbance without controls
Services and water risk
- moving bathrooms/kitchens
- altering soil stacks, drainage routes, ventilation
- high risk of water escape affecting other flats
External appearance / envelope integrity
- windows, doors, vents, flues
- anything visible externally
Management and maintenance
- blocking access to communal services
- creating future maintenance issues
- works that make the building harder or more costly to manage
So even with a fully qualified covenant, “reasonable refusal” can happen if the risk is genuine or the proposal is not properly designed.
3) What the freeholder can reasonably require as part of consent
Even when consent can’t be unreasonably withheld, a freeholder can usually insist on a sensible “licence pack” and conditions, such as:
- drawings and specification
- method statement and programme
- contractor details and evidence of competence
- insurance documents (often public liability, etc.)
- structural engineer details where needed
- acoustic underlay/specification for hard flooring
- compliance with building regulations
- working hour restrictions and protection of common parts
- inspection rights and making-good obligations
- payment of the freeholder’s reasonable legal and surveyor costs (often recoverable under the lease)
This is often where leaseholders feel the freeholder is being “difficult,” but many of these requirements are standard risk controls in blocks of flats.
4) A practical test: do you have a “decision-ready” application?
Freeholders are far more likely to refuse (or delay) where:
- drawings are vague
- structural implications aren’t addressed
- the contractor isn’t clearly identified/insured
- there’s no plan for noise, dust, and access
- flooring acoustics aren’t covered
- wet area changes don’t show waterproofing/drainage routes
If your application is incomplete, a freeholder can reasonably delay consent while requesting information.
5) What if you think the freeholder is being unreasonable?
If your covenant is fully qualified and you believe consent is being unreasonably refused or delayed, the usual steps are:
- Ask for the refusal reasons in writing
- Respond with clarifications, revised proposals, or supporting evidence
- Keep everything in writing and stay factual
- If it continues, take legal advice on enforcement options
Many disputes resolve once the freeholder receives the right technical information and reassurance.
6) The headline answer
If your lease is absolute:
Your freeholder generally does not have to consent, because the lease doesn’t provide a consent route.
If your lease is qualified:
Your freeholder doesn’t automatically have to say yes, but they can consent (and set conditions). Their discretion may be relatively wide depending on the wording.
If your lease is fully qualified:
Your freeholder must not unreasonably refuse or delay consent, but they can still refuse if there are legitimate building, safety, nuisance, or management grounds.
Want a quick, practical view on your situation?
Email mail@howorth.uk or call 07794 400 212. If you share (1) the exact alterations clause wording from your lease and (2) a brief outline of your proposed works (e.g., wall removal, kitchen/bathroom move, flooring change), we can help you understand what consent is likely to involve, what information the freeholder will expect, and how to present a strong application to reduce delays.