Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you rent a commercial unit and want to reconfigure the space, swap out the shopfront or install new systems, the legal position is rarely as simple as picking up a toolkit. Your lease will almost certainly say something about alterations, your landlord will usually have a say, and depending on the works you have in mind, you may also need permissions from the local authority.
Getting this wrong can mean paying to put the property back exactly as it was when the lease ends, or worse, being in breach of your tenancy. This guide walks through the main legal considerations for tenants planning changes to commercial premises in England and Wales, so you can plan the works with your eyes open.
Overview
Alterations to commercial property cover any physical change a tenant wants to make to the premises they occupy under a business lease. That might be something structural like knocking through an internal wall, something cosmetic like repainting and installing new signage, or something in between such as fitting out a new kitchen in a restaurant unit or adding partitioning in an office.
The legal framework here is built on three layers. First, the lease itself, which will typically contain an alterations covenant setting out what a tenant can and cannot do. Second, the general law, including the Landlord and Tenant Act 1927, which affects how a landlord can respond to certain consent requests.
Third, public law requirements such as planning permission, building regulations approval and any sector-specific rules that apply to the type of business being run from the premises. A tenant usually has to satisfy all three before works can lawfully go ahead.
Key steps
Read the alterations clause in your lease carefully. Commercial leases tend to split alterations into categories, often prohibiting some works outright, allowing others with landlord consent, and permitting minor non-structural changes without permission. Identify which category your proposed works fall into before doing anything else, because this shapes every step that follows.
Apply to your landlord for consent in writing. Where consent is needed, send a clear written request describing the works, ideally with plans, specifications and details of your contractor. A formal application helps fix the timeline and gives the landlord what they need to decide, which is useful if you later need to argue that consent has been unreasonably withheld or delayed.
Agree the terms of a licence to alter. If your landlord is content in principle, the works are usually formalised through a licence to alter. This document records what you are permitted to do, any conditions attached, and crucially whether you must reinstate the premises at the end of the term. Negotiate reinstatement carefully, because it can be expensive.
Check planning, building and other public consents. Alongside landlord consent, consider whether planning permission is needed (particularly for changes of use or external alterations), whether the works require building regulations approval, and whether listed building or conservation area rules apply. Licensed premises and food businesses may need further sign-offs too.
Carry out the works and keep records. Use competent contractors, keep copies of certificates, warranties and sign-offs, and make sure the works actually match what was approved in the licence to alter. At lease end, this paper trail can make the difference between a clean exit and a dilapidations dispute.
Q What is the difference between an alteration and a repair?
A repair puts something back to the condition it was in before, fixing damage, wear or failure to existing fabric and services. An alteration changes the property itself, its layout, its appearance or its systems. The distinction matters because repairs are usually a tenant obligation under the lease, while alterations are typically restricted and need landlord consent. Borderline works, such as replacing worn flooring with a different material, can fall into either category depending on the wording.
Q Can my landlord refuse consent to alterations?
It depends on the lease wording. Where the lease says consent cannot be unreasonably withheld, the landlord has to act reasonably, and for most improvements the Landlord and Tenant Act 1927 implies a similar requirement. A landlord can usually refuse where the works would damage the property, reduce its value, affect other tenants or breach public law requirements. An outright prohibition in the lease, by contrast, generally means no means no.
Q Do I need planning permission for commercial alterations?
Sometimes. Internal non-structural changes often do not need planning permission, but external alterations, changes of use, extensions and works to listed buildings usually do. Building regulations approval is a separate question and applies to most structural, electrical, drainage and fire-safety related works regardless of planning. Always check with the local planning authority before starting, and build the time needed for approvals into your project plan.
Q What is a licence to alter and do I really need one?
A licence to alter is a side document to your lease that records the landlord's consent to specific works and the conditions attached. It protects both parties: you get clear written permission, and the landlord gets certainty about what you are doing and what happens at lease end. If the lease requires consent, a properly drafted licence is far safer than an email exchange, because it pins down the scope, reinstatement obligations and cost responsibilities.
Q Who pays for reinstatement at the end of the lease?
That is normally the tenant, if the licence to alter or lease requires reinstatement. At or near the end of the term, the landlord can usually require the premises to be put back to their pre-alteration state, and the cost of doing so falls on the tenant. This often surfaces in dilapidations claims. You can sometimes negotiate for certain improvements to be left in place, which is worth raising when the licence is being drafted.
Q Can I make tenant's improvements and claim compensation later?
The Landlord and Tenant Act 1927 gives tenants of business premises a limited right to claim compensation for certain improvements at the end of the tenancy, provided strict procedural steps are followed before the works are carried out. The process involves serving notice on the landlord and following a set timetable. The rules are technical and often varied or excluded by the lease, so it is worth checking the position carefully before you rely on it.
Q What happens if I carry out alterations without consent?
Works done without required consent are a breach of the lease. The landlord may be able to seek an injunction, damages, forfeiture of the lease in serious cases, or require reinstatement at your cost. Unconsented alterations can also cause problems when you try to assign the lease, sell the business or negotiate a rent review. If works have already been done, it is sometimes possible to apply for retrospective consent, but this is at the landlord's discretion.
Alterations clauses, licences to alter and reinstatement obligations can reshape the economics of a lease if they are handled badly. An experienced legal adviser can help you think through the consent process and what to watch out for, based on what you describe on the call.
✓Plain-English answers to your specific questions about the alterations clause
✓A practical perspective on landlord consent and licences to alter in your situation
✓What to watch out for on reinstatement and dilapidations based on what you describe
✓Clarity on the planning and building regulations issues to check before you start
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.