HOW DO I DO IT?
First, the basics:-
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what type of windows are they - UPVC or wood? – if they are wood then the Landlord or Management Company may want wooden replacements
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who is responsible for them under your Lease?
(1) you (as the Leaseholder) or
(2) the Landlord or Management Company (in which case you may not be able to change them, but it could still be possible)
If you are responsible for them, then what restrictions are there under your Lease?
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Absolute restriction – your Landlord has complete control - you can only change them if your Landlord will let you - even if there is an absolute restriction that does not necessarily mean that you will not be able to do it – such a restriction gives a Landlord absolute control over such alterations – you can still approach the Landlord and it is likely that they will be prepared to allow such alteration, subject to certain conditions. Those conditions are likely to include them approving the style and design of the new windows and also requiring you to enter into a formal Licence for Alterations
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Permitted with Landlord or Management Company consent – once again such consent is likely to be given subject to certain conditions similar to those mentioned above
Note that changing windows is classed as a structural alteration
When granting consent for new windows Landlords and Management Companies usually require:-
(1) any new windows must ‘like for like’ with the existing windows (so that the uniformity of the outside of the Building is maintained)
(2) to approve the design and colour of the new windows
(3) the window contractor is either FENSA or CERTASS registered, enabling them to self-certify building regulations approval to the installation of the new windows
(4) the window contractor has suitable public liability insurance.
Once you have established that you can replace your windows then this is what you need to do:-
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Find suitable FENSA or Certass registered window contractors to provide and install the new windows
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Obtain a detailed quotation from them, giving details of the style and design, material used and colour.
It is recommended that you should get quotations from at least 3 window contractors for comparison purposes
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If your Flat is at a high level within the Building, then also get details of any scaffolding needed, where it will be erected and for how long
Apply to the Landlord or Management Company (whoever is responsible under your Lease for giving consent) via their Managing Agent for consent to change the windows
- This is usually done by email via their managing agents
NOTE: By making such an application to the Landlord or Management Company for such consent you will be responsible for any fees incurred by them in relation to such application
– aim to give them all of the information in one go, to reduce the amount of work they have to undertake
The Managing Agent will usually respond setting out any requirements they may have, whilst also seeking approval and instructions from the Landlord or Management Company to your request
Once your application has been approved then you will be sent (usually via email) the document giving consent for signature and return
- This document is known as a Licence for Alterations
Once you have signed and returned the Licence for Alterations and paid the relevant fees then you will be sent the completed Licence (either by email or post)
You now have your consent
It is at this point (and not before) that you should place the order with the window contractor
When the installation of the new windows has been completed it is important that you keep all of the paperwork including:-
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the Licence for Alterations
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the self-certification of building regulations approval
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the guarantee for the windows
If you ever come to sell your Flat then the lawyers acting for any buyer will want to see these documents to enable the sale to proceed
WARNING!
If you fail to get the consent required under the Lease then:-
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you will be in breach of your covenants under your Lease
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if you have a mortgage you will be in breach of your mortgage terms too
that will give your Landlord and Management Company and also your Lender rights of action against you
To see the 'Learn with Laurie' YouTube video guide:
"I want to change the windows of my Flat - what do I need to do?"
Click the link below:
