Development Rules

1. OBLIGATIONS UNDER THE LEASE

DEVELOPMENT AND BUILDING AT LIMEHOUSE CUT: THE RULES

Your lease will outline the legal position but it basically distinguishes between three types of work:

1. works inside a studio of a non-structural nature

2. structural alterations/additions* to a studio

3. works effecting any common parts of the Property, including window frames.

*Additions include such items as bathrooms, kitchens, boilers and additional bedrooms

A tenants demise is defined by their lease (see Clause 1 (c)). For the sake of clarity, please note that in particular window frames, exterior walls and interior walls dividing a studio from any other studio or part of the Property including the ceilings is not part of a tenants studio and are what is known as "common parts".

1. Non-structural works to a studio

A tenant does not require Landlord's consent for these types of works so for example redecoration or refurbishment without any structural impact is excluded. The Board, does require that any works are carried out without causing a nuisance to neighbouring tenants. Although this may be self-evident, as a matter of courtesy, the Board requests that if tenants plan to carry out any works they notify both the Board and any neighbours who are likely to be disturbed by such works, stating when the works will commence, hours of working and when they will be completed.

2. Structural alterations/additions to a studio

A tenant does require Landlord's consent for structural alterations/additions which will be given by way of a license (see Clause 2(10)). The Landlord must consider all requests and not act unreasonably.

3. Common parts

A tenant does not have the right under their lease and is not allowed to carry out any works whatsoever to the common parts of the Property. A tenants lease (see Clause 1(e)) sets out those parts of the Property which are common parts. Although the Landlord has no obligation to grant consent to tenants for works to the common parts it is prepared to consider an application to do so at its absolute discretion.

B. PROCEDURE FOR OBTAINING LANDLORD'S CONSENT UNDER 2 ABOVE

If a tenant wishes to carry out works to their studio, they must first contact the Board in writing. Tenants will need to provide full sets of drawings and plans in duplicate with a specification of the works which they propose to carry out. A consultation process will then follow with all relevant parties and the Board recommends tenants provide such information before contacting any relevant authorities.

A tenant should not carry out any works without having first obtained Landlord's written consent. No consent can, or will be, granted if a tenant is in breach of this requirement. Any works which have been carried out will be considered as having been carried out unlawfully and a tenant will be required to remove such works and to reinstate their studio which will, of course, be at their own expense. If the Board is obliged to instruct a solicitor or instigate legal proceedings against a tenant in respect of a breach of this requirement they will be liable for any legal or professional fees which the Board will incur. A breach by a tenant of such condition may ultimately lead to the Board issuing proceedings for the forfeiture of their lease.

C. CRITERIA FOR GRANTING CONSENT

The Board is required to consider all applications for licenses as in B, (i.e. structural alterations to any studio not effecting the common parts ) above and to act reasonably. The Board may consider applications for licenses in relation to works affecting the common parts at their absolute discretion and only if the terms of these notes have been complied with. The Board understands tenants will wish to carry out improvements and further investment to their studios from time to time. However, in considering applications for consent a minimum of the following conditions and criteria should be met:

• 1. If a tenant is in breach of any of the covenants of their lease they will be required to remedy the same before any consent is granted.

  2. All works must be carried out professionally and be structurally sound and with suitable and proper materials. Any plans to alter or add any construction to the Property must be certified by a structural engineer that such works would not adversely affect the Property. The Board may forward such plans and calculations to its own structural engineer for a further opinion and such costs will be borne by the tenant.

  3. Tenants must obtain the approval and permission from the appropriate local authorities, government departments or statutory bodies, for example planning permission and building regulation approval before commencing works. However, the existence of any such approvals or permissions does not constitute a guarantee that the Board will grant any license.

  4. It will be a requirement that all works must be carried out in accordance with statutory and legal requirements such as, for instance, health and safety regulations.

  5. If proposals affect any neighbours, for example by depriving neighbours of light or affect their privacy. The Board will liaise with such neighbours and their representations will be taken into account in making its decision.

  6. The overall external appearance of the Property may not be adversely affected. If proposals involve altering the overall external appearance of the Property, an Extraordinary General Meeting may be called to decide whether such changes should be permitted.

  7. Tenants will be liable for all costs of any planned works and will indemnify the Landlord.

The above list of criteria is only a basic guideline and, by its nature, cannot be exhaustive. Additional criteria may apply for any specific application for consent and each matter will therefore be considered on its own merits.

The Board reserves the right to issue further guidance or specific protocols at any time in the future if it considers it appropriate. If tenants follow this guidance note and consider the above mentioned criteria, a project should progress smoothly. However, this statement does not constitute any guarantee that permission to proceed with any works can or will be granted by the Board in any given case. There cannot be any expectation whatsoever to the effect that tenants have any rights to alter in any way the structure of the Property without the consent of the Landlord.

D. CRITERIA OF GRANTING CONSENT RELATING TO SPECIFIC BUILDING PROJECTS

As it may become necessary from time to time, the Board may issue further guidelines for specific building projects. Currently, they are as follows:

Balconies and French Doors

The windows and the external walls are part of the structure of the Property and therefore common parts. The landlord has no obligation to grant consent to tenants for the installation of French doors and/or balconies but has in the past done so and it will consider such requests.

This section must not be considered by any tenant as being a consent in principle to any proposed works for the installation of French doors and/or balconies.

In considering a request the Board will take into account the following:

a) Balconies

(i) As a general rule one balcony will be permitted per studio;

(ii) Any balcony must be identical in size, design and material to any

existing balcony;

(iii) Any balcony must be aligned with any existing balcony;

(iv) The Board reserves the right to require the payment of a fee for the installation of any balcony.

(v) If the Board agrees to a tenant installing a balcony it is on the basis that the license will require the Leaseholder to keep such balcony in good repair, condition and to decorate it and it will not become a common part of the Property. If a tenant fails to comply with this requirement to keep a balcony in good repair, decoration and condition the Board will have the right to enter and carry out such works at the cost of any tenant.

(b) French Doors

(i) The installation of French doors will require the removal of the window frames and part of the exterior walls which are common parts. The Board may consider the installation of French doors provided that the tenant obtains a structural survey which is provided to the Board who are satisfied that the structure of the Property will not in any way be effected or compromised. The Board may, at its absolute discretion, wish to carry out its own structural survey.

(ii) The Board will not consider any application to install French doors where there is not an existing window opening.

(iii) The overall external appearance of the Property will be considered by the Board in relation to any request to install French doors. If the Board considers that installations such as French doors are inappropriate permission will be refused. Any French doors must be in a similar style and appearance to the current window frames to ensure that the overall external appearance of the building is not compromised.

(iv) The Board reserves the right to require the payment of a fee for the installation of any French