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
When a business takes on commercial premises, the space it moves into rarely suits its operations from day one. Partitions may need moving, new wiring fitted, signage added, or the layout reconfigured to match how the team actually works. The trouble is that the building belongs to someone else, and most commercial leases restrict what a tenant can and cannot do to the fabric of the property.
That is where a consent to alterations comes in. It is the written permission a landlord gives a tenant to carry out specified works, usually on agreed terms that protect the building's value and the landlord's longer-term position. Getting this document right matters to both sides, because informal permissions or verbal assurances tend to cause arguments later, particularly when the lease ends and questions about reinstatement arise.
What this document is
A consent to alterations, often called a licence for alterations or licence to alter, is a formal written agreement sitting alongside a commercial lease. It records exactly which works the tenant is permitted to carry out, the standards those works must meet, and any conditions attached to the landlord's approval.
Most commercial leases contain a clause covering alterations. Structural changes are typically prohibited outright or allowed only with consent, while non-structural internal works are commonly permitted subject to the landlord's written approval, which must not be unreasonably withheld. The licence itself fills in the detail the lease does not cover.
It will usually reference detailed drawings or specifications, set out who pays for what, deal with reinstatement at lease end, and address compliance with building regulations, planning rules, and health and safety obligations. Without this document in place, a tenant carrying out works risks being in breach of the lease, which can have serious consequences including forfeiture, damages claims, or a nasty dilapidations bill years down the line.
How to use this document
Review the alterations clause in your lease. Before approaching the landlord, read what the lease actually says about alterations. You need to know whether the works you have in mind are absolutely prohibited, permitted with consent, or allowed without consent. This shapes the entire conversation and tells you how much negotiating room you have.
Prepare a clear scope and specification. Landlords respond better to tidy, detailed proposals than vague descriptions. Put together drawings, a written specification, details of any contractors you plan to use, and any relevant structural or engineering reports. The more precise your proposal, the faster and smoother the consent process tends to go.
Submit a formal written request to the landlord. Send your proposal to the landlord or their managing agent and ask for consent in writing. Expect the landlord to instruct solicitors and surveyors to review the works, and be prepared to cover their reasonable professional fees, which is standard practice under most commercial leases.
Negotiate the terms of the licence. The draft licence will usually arrive from the landlord's solicitors. Key points to negotiate include reinstatement obligations at lease end, indemnities, insurance requirements, time limits for completing the works, and whether any rent review implications arise. Do not sign until you understand what you are committing to.
Complete the works in line with the licence. Once the licence is signed and dated, carry out the alterations strictly within its terms. Keep records of contractor certificates, building regulation approvals, and sign-offs. These documents will be important if questions arise later about compliance, warranties, or the condition of the premises at lease end.
It depends on what your lease says. If the lease absolutely prohibits certain alterations, the landlord can refuse without giving reasons. Where consent is required but must not be unreasonably withheld, the landlord needs a genuine, justifiable reason to say no. For improvements, statute also intervenes in some cases to prevent unreasonable refusal. The answer often turns on the exact wording of your lease and the nature of the works proposed.
Q Who pays the landlord's legal and surveyor fees?
Under most commercial leases, the tenant is responsible for the landlord's reasonable professional costs incurred in considering the application, whether consent is ultimately granted or not. This typically covers solicitor and surveyor fees. It is worth asking for a fee estimate up front, because costs can mount quickly, particularly where structural works, multiple parties, or superior landlords are involved in the approval chain.
Q Do I need a licence for minor works like new carpets or painting?
Usually not. Most leases distinguish between decorative works, non-structural alterations, and structural alterations. Redecoration and floor coverings are generally permitted without formal consent. However, anything touching services, partitions, the building fabric, or the external appearance is likely to need written permission. When in doubt, check the lease wording rather than assuming, because breaches can be costly to unpick later.
Q What happens to the alterations when my lease ends?
The licence will usually set out whether the tenant must reinstate the premises to their original condition at lease end, or whether the alterations can be left in place. Reinstatement obligations often appear in dilapidations claims and can be expensive. Negotiating this point carefully when the licence is drafted can save significant money and argument when the lease eventually expires or is assigned.
Q Is a licence for alterations the same as planning permission?
No, they are completely separate. A licence for alterations is permission from your landlord under the lease. Planning permission is consent from the local authority under planning law, and building regulations approval is a further requirement dealing with construction standards. Depending on the works, you may need all three. The landlord's licence will usually require you to obtain any statutory consents before starting.
Q Can alterations affect my rent at review?
They can, which is why this is a point worth negotiating. Improvements paid for by the tenant should generally be disregarded at rent review so the tenant does not end up paying higher rent on the value of its own investment. A well-drafted licence will make this clear. Without careful drafting, tenants sometimes find they are effectively charged twice for the same works.
Q What if I carry out alterations without getting consent?
Unauthorised alterations put you in breach of your lease. The landlord may be able to seek damages, force reinstatement, refuse to approve an assignment, or in serious cases pursue forfeiture of the lease. Even if the landlord takes no immediate action, the breach typically surfaces at lease end as part of a dilapidations claim. It is almost always cheaper and simpler to deal with consent properly up front.
Alterations clauses in commercial leases can be dense, and the consequences of getting it wrong show up years later in dilapidations claims or forfeiture risks. An experienced legal adviser can help you think through what your lease appears to permit and what to raise with the landlord, based on what you describe on the call.
✓A plain-English walk through what the alterations clause appears to mean
✓Practical perspective on how to approach the landlord based on what you describe
✓Points to watch out for when a licence for alterations is drafted
✓Clarity on reinstatement, costs, and rent review risks in your specific situation
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.