Taking ownership of your windows

How it works

To own your windows in your flat, so you can make changes to them and be responsible for them yourself, you have to ask for a Deed of Variation (DOV).

The Deed of Variation (DOV) is a legal document that records changes to the lease that are agreed by the council and the leaseholder that mean we give you responsibility for future repair, maintenance and renewal of the window frames in your flat. This means that the council won't maintain the window frames in your flat anymore.

After you have a completed DOV, we still have to maintain the structure of the rest of the building, including any other window frames in the building for communal areas and those flats whose owners do not have a DOV.

You must pay your share of these building costs by law, but our policy is that you only contribute towards costs for windows in communal areas of the building. We have the right to change this policy in the future. If it does, you may also have to pay your share of the costs for any other windows in the building that don't have a DOV.

Get permission for changing your windows

We will grant you permission if:

• you pay the correct fee
• we don't think you have breached the lease (for example, you don't have any service charge arrears, unpaid admin or legal fees, and you haven't made any unauthorised alterations or sublet without registration)
• the property is below the sixth floor
• in cases where the council is planning major works to replace or repair the windows in your building, your application for a DOV (including the fee) is received by Home Ownership Services by the section 20 (notice of estimates) consultation deadline.

How to apply

Email HomeOwnership@islington.gov.uk asking for a Deed of Variation to take ownership of the windows in your flat. We will tell you the correct fee you need to pay online.

Pay fee

When you receive the Deed of Variation, you must register the deed at the Land Registry. The Land Registry will charge for this service. You are should get legal advice about this.

Replacing your windows

If in future you decide to replace your windows you will need to:

• choose your windows from a FENSA-approved installer - the windows should usually match the appearance of the windows in the rest of the building
• contact our planning department to check if you need planning permission, and get permission if you need it - it's often needed for a lot of developments including minor changes that may affect the appearance or use of buildings or land
• apply to the council's Building Control department or the Building Safety Regulator for approval under building regulations
• check if there are other things to consider if you live in a conservation area.

You will also need to check:

• if there are any extra fees for planning permission and Building Control approval.
• if it may cost you more to replace your windows yourself than through the council - you will have to pay for any scaffolding if needed and will not get the cheaper contracting costs we can get (because the council books more than one job at a time, this can save costs for contractors and make it cheaper per job for us and leaseholders).

Retrospective permission

If you have already replaced your windows without getting landlord’s permission from us (in the Home Ownership team), this is a breach of lease and you must apply for retrospective permission. Contact your leasehold officer for more information.

If you decide to sell your property, you will need to show evidence to the buyer that you have the correct permission for any works you have carried out. You may not be able to complete the sale of your property until retrospective permission has been applied for and granted.

Contacts and more information

• Home Ownership: phone 020 7527 7715 or email HomeOwnership@islington.gov.uk
• Planning and Building Control
• FENSA
• Land Registry