Tenant and Leaseholder Alteration and Improvement Policy

Under the Housing Act 1985, council tenants are entitled to make alterations and improvements to their home if they have gained written consent from their landlord before works are undertaken.

As a landlord, it is important that we are aware of any plans for alterations and improvements so we can ensure that they are carried out in a way which considers the impact to the property and neighbourhood, as well as the health and safety of people living in or visiting the property/neighbourhood.

This policy is relevant to all Council Tenants and Leaseholders.

This policy links to and should be read in conjunction with the following policies and strategies:

• Tenants handbook
• Mobility Scooter policy
• Tenancy Agreement
• Leases and Covenants
• Repairs policy
• Rechargeable Repairs policy

The legislation listed below will be taken into consideration when implementing this policy:

• Landlord and Tenant Act 1927
• Health and Safety at Work Act 1974
• Housing Act 1985
• Local Authorities (Compensation & improvements) Regulations 1994
• Equalities Act 2010

The aims of this policy are to:

• set out our approach to granting permission for tenant/ leaseholder alterations and improvements to their properties
• ensure there are clear guidelines for staff, tenants and leaseholders; and
• ensure alterations and improvements are carried out appropriately, considering environmental impact as well as health and safety requirements

The council is committed to promoting equality of opportunity and to ensure that all Leaseholders and Tenants are treated fairly and without unlawful discrimination. Decisions made as to whether alterations or improvements can be approved will take into account any protected characteristics of the tenant/leaseholder.

A tenant or leaseholder who is planning on carrying out certain types of alteration or improvement to their home must seek written approval from Great Yarmouth Borough Council (GYBC) prior to starting the works. Secure tenants can carry out improvement or alteration works to their home if appropriate permission has been requested and granted. If you have an Introductory Tenancy or Demoted Tenancy, please contact us to discuss your request as an Introductory Tenant or Demoted Tenant is not permitted to undertake alterations or improvements.

Alterations fall into two categories:

1. alternations/Improvements that require GYBC approval
2. alterations/Improvements that are permitted and do not need GYBC approval

The following sections set out which alterations/improvements fall into these two categories. If you have any doubts over whether approval is required or not, please speak to your Housing Officer before you make any changes to your home.

Works that will NOT be Approved or Permitted include:

• conversion/sub-division of rooms to create additional bedrooms
• construction of extensions to provide bedrooms / habitable spaces
• removal of chimneys
• loft conversions
• conversion of stores into habitable rooms
• installation of polystyrene coverings or tiles
• any works which would negatively impact the fire safety of a flat*
• replacement of boilers

* for example changing an external door to a door which is not a fire door, or works which will affect the fire compartmentalisation of the flat - for example any works which drill into walls between properties, or to the outside without appropriate fire safety measures being installed and independently checked.

4.1 Alterations/Improvements that require approval

You will need GYBC written permission before erecting, removing or altering (this list is not exhaustive):

• walls, windows, internal / external doors
• works to internal floors including tiling, hard and laminate flooring
• any extensions including conservatories, lean to's, car ports, porches
• works that penetrate property separating walls including cupboards in communal areas and party walls in houses
• central heating works or amendments to existing heating systems
• electrical work within the property
• installing live fireplaces including wood/multi-fuel stoves or re-opening a closed chimney breast or flue
• adding electrical sockets to brick outhouses
• any work to kitchen wall / base units
• garages, outhouses
• fences, boundary walls
• bathroom fixtures and showers
• satellite dishes and TV/CB aerials (Flats only unless a house or bungalow is within a conservation area)
• hard standings including Patios
• fitting of loft ladders / boarding lofts
• any disturbance works to Artex
• installation of solar panels
• installation of any- CCTV equipment other than to front doors
• installation of external charging points for cars and mobility scooters
• fitting floor covering in kitchens, bathrooms and hallways / entrances (houses and bungalows)
• provision of electric/water or other utilities to external stores/sheds/greenhouses or pergolas

Where you have your own private enclosed garden, you can install pergolas, sheds and greenhouses. Please note sheds and greenhouses must be sited over 2.5m from your home or other property to meet building insurance and fire regulations requirements. We will not permit any garden structures in communal areas.

When consent is requested for the following alterations, a plan showing the works proposed will need to be provided as part of the application:

• installation/replacement of windows, doors
• erection of conservatories, extensions, car ports or lean to's

Where paving or decking is to be installed, a plan showing how surface water drainage will be dealt with must be submitted with the application for permission.

An online alterations and adaptations form is available for completion, see How do I make an improvement to my home?

All approvals are valid for a period of 12 months. If works are not started and completed within 12 months another request must be made for approval before works start.

4.2 Permitted works that do not require GYBC approval

• changes to small fixtures and fittings for example fitting shelves, door handles
• fitting floor coverings except in flats where flooring should not be fitted that may cause a noise nuisance to properties below, typically laminate/hard flooring/ceramic tiles, any flooring that causes a noise-nuisance residents to below will need to be removed
• fitting floor coverings except in kitchens, bathrooms and entrance hallways
• fitting wireless/video doorbells to front doors., Installation must be complaint with current UK GDPR legislation
• fitting an outside tap
• decorations to your home internally and if a house and bungalow externally

When carrying out alteration and improvement works to their homes for either approved or permitted works, tenants and leaseholders must use a qualified contractor for works that required certification on completion (gas/electrical), all other works should be completed by a competent person. A copy of all required consents as well as gas/electrical certification of works should also be provided to the Council within 28 working days of the completion of works.

Whether the alteration is an approved or permitted type, all installed materials/works completed must be installed as manufactures instructions, this is especially important when new flooring of any type if laid in upper floor flats. No "laminate/hard" flooring is to be laid without the "manufacture approved" sound-deadening or underlay.

It remains the responsibility of the tenant/leaseholder, to ensure that both approved and permitted alterations do not detrimentally affect the property or neighbouring properties.

Any approved/permitted alterations made by tenants/leaseholders remain their responsibility to maintain and repair for the duration of the tenancy.

For all tenanted properties where alterations whether approved/permitted and the works have been completed satisfactorily in accordance with this policy, tenants will not be asked to remove these at termination of tenancy or mutual exchange.

At termination of tenancy, tenants may be asked to remove the alteration if in poor condition or not installed correctly and approved by the Council.

On mutual exchange the approved/permitted alterations will become the responsibility of the exchange tenant when they move in. The council will not remove any tenant alterations or replace non-standard items such as kitchens and bathrooms until they are due to be replaced as part of a planned capital work program or they cannot be repaired.

In some cases, an alteration or improvement will require Building Regulations or Planning approval. If this is the case the tenant or leaseholder will be responsible for obtaining these and will need to provide an original copy of such statutory approvals before GYBC approval can be given, all before any works starts.

An asbestos survey (and potential subsequent removal of asbestos) may need to be carried out before any works can take place, this would have to be at the expense of the tenant or leaseholder. GYBC has a duty of care to manage Asbestos (ACM's) in its properties and will work with tenants and leaseholders to supply held survey data as required. An asbestos survey may also need to be carried out before any works take place at the expense of the tenant or leaseholder.

If permission is granted but on inspection it is identified that the works have not been carried out to meet agreed conditions or to required standards, the tenant/leaseholder will be required to carry out further work to rectify this and will be given a reasonable timescale to comply with our instructions. Failure to do so will result in legal enforcement action being taken against the tenant or leaseholder of which they will be liable for the costs.

The Council understands that some tenants/leaseholders may have completed alterations and improvements to their homes previously. The Council will now only seek retrospect "approvals" for works that fall into the requires approval category as stated above. If these alterations/improvements do not comply with the Council's requirements, the section on refusals will apply. If you are seeking a transfer to another property your transfer will be delayed until all issues around unapproved alterations have been resolved including the payment of the council's costs incurred as a result of the unapproved alterations, including any costs to remove the alterations and make good the property afterwards.

Communal areas are provided for the benefit and enjoyment of all residents, no permission will be granted for alterations or improvements to communal areas.  Tenants can, however, plant and maintain an area of up to 1m from their home as garden. No fences can be erected around this planted area.

No permission will be given for personal storage/sheds in communal gardens, under this policy.

Where usage of a scooter is required and defined by legislation as a medical need, tenants/leaseholders should discuss with their Housing Officer a suitable  location for storage and charging of the scooter. No permission will be given to store or charge mobility scooters in internal communal areas. For further information please see the Mobility Scooter Policy.

As a reasonable adjustment where appropriate to assist with scooter storage and safe charging if tenants/leaseholders cannot store mobility scooters in their flat, the Council will work with tenants/leaseholders to identify a suitable location.

In some cases, it will not be possible to grant permission for an alteration or an improvement.

Examples of when permission will be refused are:

• the proposed works are detrimental to the structure and/or long- term maintenance of the property
• there would be any additional cost to the Council because of the alterations/improvements
• the works may decrease the overall value of the property
• the proposal will breach planning, building regulations or any other relevant legislation
• the environmental impact of the proposal is detrimental to the property and or surrounding area; or
• the works will impact the health and safety of those living in or visiting the property or block

The above list is not exhaustive. Where permission has been refused, the tenant may submit revised proposals for consideration.

Under the Housing Act 1985, tenants have the right to compensation for any improvements they make to their property. Compensation will be offered when the  tenancy comes to an end and the tenant makes an application for compensation. The amount of compensation offered will depend on:

• the net addition of value added to the property as a result of the improvement
• the reasonable cost of carrying out the improvement; and
• the intention of the council regarding future plans for the property

The Council operates two schemes for reimbursing tenants for improvements they have undertaken. Compensation can be considered under either the Local  Authorities (Compensation for improvements) Regulations 1994 or Section 100 of the 1985 Housing Act. Section 100 of the 1985 Housing Act is used where the improvement was undertaken prior to 1 April 1994, or the item of improvement is not included in the statutory scheme (1994 Regulations).

Any compensation offered will, in the first instance, be used to pay any outstanding debt owed to the council.

Compensation will not be paid, where the alteration required prior written approval by GYBC and this approval was not sought or would not be granted.

For alterations that require the Council's approval, a tenant or leaseholder who does not apply for permission prior to carrying out alterations or improvement works on  their property when this is required, will have to do so retrospectively. Any application made after works have been completed will be considered in accordance with this policy and retrospective permission may/may not be granted.

Carrying out works without the Council's "approval" may affect our ability to complete repairs to your home.

If it is deemed the alteration has caused or is likely to cause damage to the property, works to "reinstate" the property to its previous condition will be  undertaken, and the cost recharged to the tenant.

If the tenant or leaseholder's alteration request was previously refused but has been subsequently installed, the tenant or Leaseholder will be required to meet the costs of re-instating the property to its original condition, or action will be taken to enforce the conditions of the Tenancy Agreement. The tenant/leaseholder will be given a reasonable timescale to comply with our instructions. Failure to do so will result in legal enforcement action being taken against the tenant or  leaseholder of which they will be liable for the costs.

In some exceptional circumstances the Council will consider granting permission for tenants on Introductory Tenancies or Demoted Tenancies to undertake  alterations or improvements to their homes, or granting permission for alterations or improvements which would otherwise be refused, including alterations or improvements to external communal areas. Such decisions will be at the discretion of the Council reflecting the individual circumstances of the tenant and any  vulnerability they have. Any such decision will not create a precedent for other similar requests. Where discretion is used, permission for alterations may be time limited or the works approved may be required to be removed prior to the ending of the tenancy or the tenant will be recharged to remove the alteration or
improvement and make good.

As a leaseholder, you will need to request permission and gain our consent for any structural alterations (internal or external) or changes to the external appearance of your property e.g. replacement windows or property front/back or side door. You do not need to ask us for permission to install new kitchen units or bathroom suites unless the changes affect the electrical or water supply to other residents. Leaseholders will need to ask permission for any works involving boiler replacements or relocation of the boiler or any work which penetrates the boundary walls or floors/ceiling of the flat. In addition, any alterations that could affect fire safety of your home or neighbouring properties require prior the Council's approval.

In considering requests the terms of the lease will also be considered.