Updated July 2020

The Portman Estate Application For Landlord’s Approval To Carry Out Alteration Works

Premises

Applicant

Name

Address

Telephone

Email Address

In what capacity is the applicant acting?

Tenant

Name

Address

Telephone

Email Address

Head Lessee

Name

Address

Telephone

Email Address

If the applicant is not the Head Lessee or his agent, has the Head Lessee been requested to grant his approval for the works? Yes No

If Yes, has the Head Lessee’s approval been offered? Yes No

Please give a brief description of the proposed alteration works:

Please state the cost of work to a builder’s finish (exclusive of VAT and professional fees) £

Updated July 2020

Please list below the drawings and supporting documentation submitted: (Three full sets of existing and proposed plans, sections and elevations and other relevant supporting information are to be enclosed with the application form):

DECLARATION

I / We hereby apply for the Freeholders’ formal approval for the works described above and in the drawings and supporting documentation enclosed herewith. The Portman Estate will raise an invoice to cover the application fee (calculated in accordance with the Fee Scale). I note that a further fee may be charged when the application is considered. Please note that your application will not be considered until the following criteria are met. These are: 1) The application fee is paid. 2) Drawings and other supporting information are supplied. 3) Application form is completed, submitted and accepted as valid.

I / We understand that in the event that approval is granted it will be subject to the Standard Estate Conditions and may also be subject to such further Supplementary Conditions or documentation as the Freeholders may specify.

Signed by: Name/Capacity

Date

Return to

lta@portmanestate.co.uk

The Portman Estate 40 Portman Square London W1H 6LT

Telephone: 020 7563 1400 Fax: 020 7563 1401 Website: www.portmanestate.co.uk

Note

If you are in any doubt as to the implications of the Standard Estate Conditions you are advised to obtain appropriate independent professional advice.

Updated July 2020

The Portman Estate Tenants’ Applications for Landlord’s Approval for Alteration Works Application fees are to be calculated in accordance with the attached fee scale and are based upon the cost of works to a builder’s finish (as defined below) exclusive of professional fees and VAT. However, in the case of basement developments a separate fee of £10,000 shall apply. In the case of alterations to the shop front and signage only a standard fee of £1,800.00 shall apply. Notes: 1) An invoice will be raised by The Portman Estate requesting payment of the application fee in

accordance with the fee scale and exceptions to the fee scale as stated above. 2) The cost of work to a builder’s finish includes the total cost of works excluding only soft

furnishings, carpets and decoration. In the case of retail or office refurbishment and fit-out works the cost of the works shall include services, fixtures and fittings.

3) The Portman Estate reserves the right to charge additional fees where damage occurs, where

the works become overly protracted or where the extent/scope changes beyond the ‘approved works’.

4) A discretionary fee (to be determined) may apply to certain very simple projects. However,

the decision to implement a lower discretionary fee is at the sole discretion of The Estate. 5) Please note that we do not interpolate between fee levels.

Updated July 2020

THE PORTMAN ESTATE Conditions for Estate Approval of Alteration Works Estate Approval infers Freeholders or Landlord’s approval will take the form of endorsement upon agreed plans and will be subject to. 1) All necessary consents being obtained by the applicant from all Lessees, Under tenants and

Owners of the premises and neighbouring premises and to their rights; 2) The covenants and provisions of the existing Lease, which shall henceforth apply equally to the

premises as altered; 3) All necessary licences and consents being obtained from all competent Statutory Authorities,

compliance as appropriate with Acts of Parliament, By-Laws and Regulations and provision to the Estate of copies of all such licences and consents obtained;

4) In those cases where the Construction (Design and Management) Regulations 2015 apply the

Lessee or his under tenant shall:

(i) Serve upon the Health and Safety Executive (HSE) (and copy to the Freeholders) notification to the effect that he is to assume the role of client for the project (i.e. the carrying out of the works of alteration for which approval is sought).

(ii) Provide to the Freeholders within 28 days of receipt a copy of the HSE

acknowledgement of the date that the notification was received by them. (iii) As client for the project comply in all respects with the above regulations. (iv) Provide to the Freeholders copies of Health and Safety Files and other relevant papers

on completion of the works; 5) The works being completed usually within three months of the date of approval or later by

agreement depending on the nature of the works. (i.e. the date of endorsement of the drawings) to the entire satisfaction of the Freeholders otherwise such approval shall be null and void;

6) The Freeholders being indemnified against all liability, claims, demands, costs, expenses, loss of

rent, loss or damage to the property or injury or death of any person arising out of or occasioned by or in respect of the works;

7) The whole of the works being undertaken at the Lessee’s expense including statutory charges

and all professional fees arising directly or indirectly from the work; 8) The works remaining the property of the Freeholders upon expiration or sooner

determination of the Lease; 9) The works being done to the highest standard of workmanship and with materials of the best

Updated July 2020

quality save that the Freeholders make no representation as to the quality, adequacy or safety of the design or method of construction of the works or materials to be used (except that the Freeholders shall approve the appearance of materials in the finished works) and the Lessee acknowledges that the Lessee relies entirely on the skill and judgement of his own advisers and contractors;

10) The works shall be carried out in such a fashion as to cause as little inconvenience as possible,

whether by noise, dust, vibration or otherwise. 11) The premises being reinstated upon expiration or sooner determination of the Lease if so

required by the Freeholders; 12) In the case of alterations to shopfront signage, projecting blinds, aerials and satellite dish

antennae to commercial premises, upon assignment, expiration or sooner determination of the Lease or Underlease(s) to which such alterations relate if called for by the Freeholders the removal of all such items fixed to the premises and making good of all surfaces disturbed to the entire satisfaction of the Freeholders;

13) The Freeholders and the buildings insurers being notified of the proposed start date for the

works, the anticipated duration and value of the works, any additional conditions being met and additional insurance premiums due being paid forthwith on demand.

14) Prior to works commencing, the Lessee shall take appropriate measures to identify the

presence (or otherwise) of asbestos-based products within the subject premises, prepare and submit risk assessments and method statements and shall put in hand all necessary Health and Safety procedures in relation to the proposed work. In all cases, works relating to asbestos-based products are to be carried out strictly in accordance with statutory requirements.

15) Payment of all fees and premiums demanded by the Freeholders in consideration of the

approval including as appropriate: (i) The Portman Estate’s ‘Licence to Alter Application Fee Scale’; (ii) Reimbursement of the fees of all solicitors, surveyors, engineers and other professional

advisors employed by the Freeholders in relation to the consideration of the application and for any supplementary fees arising.

16) Payment of all premiums assessed and agreed.

Updated July 2020

THE PORTMAN ESTATE Schedule of Fees Licence to Alter Application Fee Scale

Value of Work Up To

Application Fee

£10k £1,000 £20K £1,200 £30K £1,400 £40K £1,600 £50K £1,800 £60K £2,000 £70K £2,200 £80K £2,400 £90K £2,600 £100K £3,000 £150K £3,500 £200K £4,000 £250K £4,500 £300K £5,250 £350K £6,000 £400K £6,750 £450K £7,500 £500K £8,250 £750K £9,000 £1M £13,000 £2M £17,000 £3M+ £25,000

The value of works listed relates to the cost of works up to a builder’s finish, excluding fees and VAT. Additional fees will be charged where matters become overly protracted, or where the scope of works changes or where additional unforeseen site inspections are deemed necessary. We do not interpolate between fee levels. In the case of basement developments, a standard fee of £10,000 shall apply. In the case of shop front and signage alterations only a standard fee of £1,800.00 shall apply.