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Covenant on land
2 Answers
I own a house on a new housing developmet, the title register for the property has a covenant that reads
"not to erect any building or buildings on the Property except in such position and in accordance with such plans and elevations sections and specifications of such building or buildings respectively including building lines and points of access as shall be submitted by the Transferee and be required and approved by the Transferor as land owners (such approval not to be unreasonably withheld) by the Local Authority and the Local Planning Authority for the District prior to the commencement of such building or buildings "the Approved Plans".
Yet a neighbour has recently built a large extension on his house, though he has the same covenant on his Title Register, have checked with planning authority and this extension does have planning approval.
Can i build on my land ?
"not to erect any building or buildings on the Property except in such position and in accordance with such plans and elevations sections and specifications of such building or buildings respectively including building lines and points of access as shall be submitted by the Transferee and be required and approved by the Transferor as land owners (such approval not to be unreasonably withheld) by the Local Authority and the Local Planning Authority for the District prior to the commencement of such building or buildings "the Approved Plans".
Yet a neighbour has recently built a large extension on his house, though he has the same covenant on his Title Register, have checked with planning authority and this extension does have planning approval.
Can i build on my land ?
Answers
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Covenants are designed to protect the appearance and amentiy of a new estate. The fact that this person has built an extension may mean that he has breached the covenant or he may even have go tht erequired permission. If you wish to build, you must get permission as the developers may decide to enforce the covenant in which case it could be costly.
This is a pretty standard clause on many new housing developments and it is for the reason in Loonytunes first sentence.
It means that you need both the Developers permission and the normal LA Development Control permission.
In the first instance, phone the Developer to find out how much it wants for processing this - I remember paying �25 in about 1991 to do this. As you quoted yourself - such approval will not unreasonably be withheld.
Having established how much, THEN get PP before reapplying back the Developer for permission. The reason for doing it this way is because if LA Development Control want you to modify the plans, you would technically have to go back the Developer with the modified plans again - plus another fee.
Don't be tempted to skip this convenant - my neighbour did and when he wanted to sell the buyer's solicitor picked it up. He had to pay �250 for retrospective release from the terms of the convenant.
It means that you need both the Developers permission and the normal LA Development Control permission.
In the first instance, phone the Developer to find out how much it wants for processing this - I remember paying �25 in about 1991 to do this. As you quoted yourself - such approval will not unreasonably be withheld.
Having established how much, THEN get PP before reapplying back the Developer for permission. The reason for doing it this way is because if LA Development Control want you to modify the plans, you would technically have to go back the Developer with the modified plans again - plus another fee.
Don't be tempted to skip this convenant - my neighbour did and when he wanted to sell the buyer's solicitor picked it up. He had to pay �250 for retrospective release from the terms of the convenant.
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