Leasehold and LTA in Merton

Securing structural planning approval from Merton Council for an extension to your flat is entirely meaningless if you do not simultaneously secure the legal consent of the Freeholder (the individual or corporation who actually owns the land and the physical 'shell' of the building).

Executing structural works on a leasehold property without a formal License to Alter (LTA) is a profound breach of the lease contract, rendering the flat unsellable and legally jeopardizing your ownership.

The Civil Law Barrier

Town Planning and Freeholder Consent are parallel battlegrounds; winning one does not guarantee the other:

• The Demise Clause: Your lease explicitly defines the 'demise'—exactly what you own. You typically own the plaster on the walls inward. You do not own the structural brick walls, the roof, or the foundations. Therefore, knocking a hole in the external wall to build an extension necessitates the Freeholder's permission to alter *their* property.
• The License to Alter (LTA) Process: The Freeholder will not simply sign a permission slip. They will instruct their own structural engineers and solicitors—at your expense—to intensely audit your architect's plans. They do this to ensure your proposed basement or loft conversion won’t structurally collapse the block or invalidate the building's insurance.
• The Premium (Buying the Airspace): If you are extending a top-floor flat into a demised loft space, the Freeholder may demand a "Premium." This is a massive financial charge (often tens of thousands of pounds, calculated as a percentage of the uplift in property value) simply to grant you the right to occupy the newly created space.

Official Merton Council Resources

Before committing to any major architectural project, we strongly advise cross-referencing your ambition directly with the local authority. The following links provide direct access to Merton Council's live planning portals and heritage registries:

• Merton Planning & Building Control Portal
• Search Live Merton Planning Applications
• Merton Heritage, Conservation Areas & Article 4 Directions

How We Can Help

If you are considering a major refurbishment, extension or basement in Merton, our in-house architectural and construction teams are highly experienced with the specific constraints and policies of this council. Do not leave your planning application to chance—our Planning & Permissions and Architecture services are explicitly designed to handle strict London authorities from initial conceptual design through to final, legal consent.

Once permission is secured, our Refurbishment & Interiors division carefully manages the execution, guaranteeing the design integrity is maintained throughout the build phase.

*Published in the Hampstead Renovations Planning Guide Collection — delivering expert design and build strategies for London's most heavily guarded conservation boroughs.*