Funmilayo Olagunju
In Real Estate, structural alteration refers to a significant change to a building or other structure, essentially creating a different building or structure.
It is a fundamental alteration.
In this regard, alteration means a change to a building or facility, or it’s permanent fixtures or equipment that affects or could affect the usability of the building or facility or part thereof.
Alterations include, but are not limited to remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement of the structural parts and changes or rearrangement in the plan configuration of walls and full-height partitions.
It is not lawful for a tenant to execute structural alteration on a property without the consent of the Landlord first sought and obtained.
Restrictions against structural alteration is an implied covenant.
Few notorious examples are listed below;
Breaking two shops into one bigger shop.
Partitioning of flats into smaller units with bricks or plywood.
Construction or attachment of fixtures such as “container” and Kiosk.
Construction of Garage.
Aesthetic fixture of permanent nature.
These are structural alterations which shouldn’t be executed without the consent of the landlord.
Apart from the impact of structural alterations on a property, it is likely to violate the legally approved pattern – making the landlord liable to Government authorities.
It is ridiculous how many tenants seek financial compensation from the landlord for unauthorized structural alteration executed by them.
Such claim is not valid and they are further liable to the landlord for restoration of the property and ejection.
“Listen to what you are taught.
Be wise; do not neglect it”
Proverbs 8:33 (GNB)
