What does 'elevation' actually mean?

Published
This article was updated more than 3 years ago.

What does elevation actually mean v2

What is the legal definition of ‘elevation’?

The term 'elevation' is often used in property law to refer to the ‘front’ of the building. However, the Upper Tribunal has recently resolved that ‘elevation’ denotes all external surfaces of a building including the front, back and sides.

Is there a difference between ‘front elevation’ and ‘elevation’?

Front elevation refers to the side of the house which includes the entrance door, windows or front porch. This may be the side of the house that faces the road or has a front yard. This is sometimes known as the ‘entry elevation’.

This differs from the wider term ‘elevation’ which refers to all external surfaces of a building. Elevation includes the front, back and sides of the building whether they are front facing or not.

Further explanation

In the recent case of Triplerose Ltd v Patel [2018], the Upper Tribunal (Lands Chamber) had been asked by a landlord to decide what the term ‘elevation’ means, in aid of resolving a tenant dispute. The tenant’s lease of their flat contained a covenant not to alter the elevation of the flat, but the tenant had, without consent, removed a window and installed a door in the back wall of the property.  The Tribunal was asked to consider whether the alterations covenant in the lease had been breached.

The landlord queried whether the term ‘elevation’ applies only to the front elevation, or to all aspects of the external appearance of the building. 

In the past, case law had found that ‘elevation’ meant the front view of a building as opposed to any horizontal plan, and when the First Tier Tribunal first heard the case they agreed and found that the alteration was not capable of being a breach of covenant.

Unfortunately for the tenant, the Upper Tribunal disagreed and placed more emphasis on the natural meaning of the word ‘elevation’.  The judge decided that “Unless it is qualified... it denotes the external vertical surfaces of a building generally, the front, the back and the sides, rather than referring only to the front of the building.”  Had the landlord only intended to limit alterations to the front of the building, as the tenant claimed, this would have been made clear in the lease.

As a result, it has now been noted that the legal definition of ‘elevation’ regarding property disputes, refers to all external walls of a building – unless stated otherwise.

Landlord or tenant property disputes

The property team at Myerson Solicitors are experienced in supporting a wide range of clients, from national retailers to individuals. If you are considering granting or taking a lease and want to avoid any arguments in the future due to ambiguous drafting, contact our experienced commercial property team on 0161 941 4000 or lawyers@myerson.co.uk.

More Commercial Property News


Purchasing a Commercial Property with Funding - What Buyers Need to Know
Blog

Purchasing a Commercial Property with Funding - What Buyers Need to Know

Purchasing a commercial property is a significant investment, and it is important to understand the requirements for a purchase with funding compared to a cash purchase. The key difference between a cash purchase and a purchase with funding is the involvement of a lender. As the lender will be providing funds for the purchase, they will require...

Read Blog
5 minutes reading time
Banking | 09 September 2026
Buying Industrial Premises for Manufacturing: A Practical Legal Guide
Blog

Buying Industrial Premises for Manufacturing: A Practical Legal Guide

For a manufacturing business, owning a site rather than leasing one offers several benefits.  Although the due diligence required may be lengthy and the initial expense large, purchasing a site can give a buyer both more flexibility and certainty, without having to obtain a landlord's consent or the uncertainty that arises from lease renewals or...

Read Blog
5 minutes reading time
Commercial Property | 07 August 2026
Buying a Care Home? Key Property Considerations You Need to Know
Blog

Buying a Care Home? Key Property Considerations You Need to Know

Alongside the operational and regulatory considerations that come with running a care business, buyers must carefully assess whether the property itself is capable of supporting both current care standards and future operational needs. From title and planning issues to leasehold liabilities and regulatory compliance, property due diligence plays...

Read Blog
6 minutes reading time
Commercial Property | 29 June 2026
The Government Responds to its Minimum Energy Efficiency (MEES) Consultations
Blog

The Government Responds to its Minimum Energy Efficiency (MEES) Consultations

The Government has published an interim response to its 2019 and 2021 consultations on proposals to strengthen the Minimum Energy Efficiency Standards (MEES) regime applicable to commercial properties in England and Wales. The announcement provides some clarity on the future direction of the regime and represents a departure from previous...

Read Blog
4 minutes reading time
Commercial Property | 22 June 2026
What Due Diligence Is Required for a Commercial Property Purchase?
Blog

What Due Diligence Is Required for a Commercial Property Purchase?

Purchasing a commercial property can deliver strong returns, whether through rental income received from tenants or long-term capital growth. It does, however, entail a range of legal and practical risks that, if not addressed and managed before exchange of contracts, can significantly affect the property’s value. Our Commercial Property team...

Read Blog
6 minutes reading time
Commercial Conveyancing | 11 May 2026
Update: Upwards Only Rent Review Ban Receives Royal Assent
Blog

Update: Upwards Only Rent Review Ban Receives Royal Assent

The Government’s proposed ban on upward-only rent reviews, introduced in July last year, received Royal Assent on 29 April 2026. In our September 2025 blog , we discussed the Government’s proposed ban on upward-only rent review (“UORR”) clauses in commercial leases, as part of the English Devolution and Community Empowerment Act (the “Act”).  We...

Read Blog
4 minutes reading time
Commercial Property | 30 April 2026