Converting front garden into a driveway.

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    Converting front garden into a driveway.

    Hello,

    I purchased my ground floor flat last year, its a converted house with 3 flats in. It has a small front garden which is 100% mine within the lease, but it is large enough that it would fit a car on it.

    The 'Garden' right now it just patchy weeds.

    My question is, am I allowed (in relation to the lease) to have the garden paved over then, subsequently, park my car on it and use it as a driveway?

    So far as i can see within my lease, there is nothing stopping me from doing this.

    Just wondering if this issue is something that anyone has come across before?

    Thankyou in advance for any thoughts on this

    #2
    You would need the freeholders permission for a start, and if they allow you then they will probably want payment for that.

    Comment


      #3
      thanks for your reply.

      What would they specifically need payment for? The fact that it's going to be used as a driveway or because I am changing the front garden from grass (solid and weeds) to paving?

      thanks

      Comment


        #4
        Originally posted by ForumFirstTimer View Post
        What would they specifically need payment for?
        They may not "need" payment. It depends on what the lease says. There are three possibiities:

        · The lease says nothing about making alterations or additions or. if it does, the changes you propose are not covered. In that case you can go ahead without asking the landlord.

        · The lease contains a clause which prohibits making the changes you propose without the landlord's consent. In that case the landlord's consent must not be unreasonably withheld. The landlord cannot charge a premium, only demand a payment if the changes reduce the value of his interest. He can though recover his costs in connection with the consent.

        · The lease contains a clause which absolutely prohibits making the changes you propose. In that case you either meet the landlord's demands or abandon your project.

        If you set out in full the alterations clause in your lease we can comment on what the landlord is entitled to ask for.

        Bear in mind that you may need planning permission and/or to apply for a dropped kerb.

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          #5
          I think paving could be argued to be a normal use of a garden, (bearing in mind it will need to be permeable anyway for building regs) If the other 2 flats aren't going to complain then I'd be inclined to just do it.
          What's the worst that can happen....

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