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Structural Alterations - Consents
Cross-lease ownership is a common form of property ownership but is more restrictive than freehold ownership. Too often cross-lease owners forget or ignore the provisions contained in the cross-lease – frequently to their detriment and cost.
As an example, with structural alterations, the cross-lease will contain a clause such as:
“The Lessee shall not make any structural alterations to the building without the prior written consent of the Lessors”.
The requirements are clear – no structural alterations without prior written consent. However it is quite common for cross-lease owners to undertake construction work on their flat without consent – treating the property as if it were freehold.
Those with cross-leases must recognise the restrictions on their freedom to make structural alterations in comparison to a freehold property. The strict rules set out in the cross-lease must be followed to avoid problems (and potential Court proceedings) with other cross-lease owners of the property.