Lease consent, freeholder consent and BSR approval: what is the difference?
They are separate permissions, and having one does not replace the others. LEASE, the government-funded leasehold advice service, says you still need your landlord's consent if your lease requires it, even if you already have planning permission or building regulations approval (LEASE). The same is true the other way round: your freeholder saying yes does not give you BSR approval.
The three permissions
| Permission | Who decides | What it answers |
|---|---|---|
| Freeholder or landlord consent (often called a licence to alter) | Your freeholder or landlord, under your lease | Are you allowed to change the flat under the terms of your lease? |
| Planning permission | Your local planning authority | Is the change allowed as development of the property? |
| BSR building control approval | The Building Safety Regulator, for existing higher-risk buildings | Will the building work meet building regulations and be properly managed? |
GOV.UK stresses that building regulations approval is different from planning permission and that you might need both (GOV.UK). For work on an existing higher-risk building, the approval comes from the BSR.
Freeholder consent
What your lease says decides this. LEASE explains that a lease may allow alterations only with the landlord's written permission, or subject to conditions set out in a licence. If your lease bans alterations, the landlord does not have to consider your request. If it allows them with consent, the landlord can charge a fee for legal or other costs where the lease permits. Safety-critical work, such as replacing a flat entrance fire door, is a typical example of work that needs consent (LEASE).
How the three fit together
- Read your lease to see what you own and what needs consent.
- Check whether your building is higher-risk and whether your plans need BSR approval. Try the BSR screener.
- Ask for landlord consent and prepare the BSR application. Some landlords expect copies of planning or building control consent with the consent application; Hounslow Council, for example, asks for them where appropriate (Hounslow Council). Ask your managing agent what yours expects.
- Start nothing until you have everything you need. Starting building work that needs BSR approval without it is a criminal offence, and altering without lease consent is a breach of the lease.
If you skip a step
Work without landlord consent breaks the terms of your lease. One council tells leaseholders it can ask them to reinstate the flat and, in serious cases, the lease could be forfeited (Haringey Council). The same council notes that solicitors will ask about landlord consent for alterations when you sell. GOV.UK separately warns that without building approval you may lack the compliance certificates a buyer needs.
Who is who
- Freeholder or landlord: owns the building or the superior interest and grants lease consent.
- Managing agent: runs the building for the landlord and is usually your first contact.
- BSR: the regulator that approves building work on higher-risk buildings.
If you are unsure, take advice from a solicitor on lease matters and a building control professional on BSR approval. This page covers general principles, and your own lease may differ.
Sources: LEASE, Alterations and home improvements; GOV.UK, Building regulations approval; Hounslow Council; Haringey Council.
Not sure whether your project needs BSR approval?Answer a few questions about your building and your planned work and get a PDF report on whether Building Safety Regulator approval is likely to be needed.
Start the BSR screener