Developers covenant

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bozzy18
bozzy18 Posts: 116 Forumite
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in In my home (includes DIY) MoneySaving
Hi all, we moved into our house last March and we would like to put in a front door porch. The house was built in 1982 and the developers have left a covenant on the contract that if we wish to do any external alternations then we need to seek approval from the developer. I approached them about this and they wanted £500 plus VAT to consider our request!


Is this right and fair? They built this house over 30 years ago!


Thanks.


Clive
:beer:
«1

Comments

  • MisterBaxter
    MisterBaxter Posts: 666 Forumite
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    Get some legal advice from someone who really knows about covenants. They can be unenforceable if the person or company they are in favour of can't show why they are still relevant and necessary.

    Ultimately you may find the £500 fee is cheaper than the cost of having the covenants removed.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Mistake number one - trying to do things "properly".

    Small print is annoying isn't it.

    I bet all your neighbours have "done something" over the years without ever doing it properly.
  • phoenix_w
    phoenix_w Posts: 418 Forumite
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    Look around your neighbourhood - chances are for every conservatory/porch/extension hardly anyone bothered to check with the developer. Why not ask some of them?

    Chances of the developer paying to enforce the covenant 34 years after completion is slim to nil, chances of the covenant being enforced if the development is in permitted rights or has planning permission is slim to nil.

    I'd just plough on, personally.
  • dominoman
    dominoman Posts: 973 Forumite
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    I would speak to your immediate neighbours about what you intend to do. So long as they agree it would look nice then just go ahead.

    I can't imagine the developer will know or care, and even if they do, all they are likely to do is send some official looking letters to scare you into paying some money - all of which you ignore.

    Well that's what I'd do anyway.
  • bozzy18
    bozzy18 Posts: 116 Forumite
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    Thanks. There are 8 properties on our street and our house is the only one without a porch!
    :beer:
  • MisterBaxter
    MisterBaxter Posts: 666 Forumite
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    bozzy18 wrote: »
    Thanks. There are 8 properties on our street and our house is the only one without a porch!

    That's probably answered the question then. You ask the developer and they want £500, just go ahead and do it and they are unlikely to even know let alone pursue it. That's not to say it wouldn't cause an issue when you come to sell as a solicitor may pick it up.
  • dominoman
    dominoman Posts: 973 Forumite
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    MisterBaxter wrote: »
    That's not to say it wouldn't cause an issue when you come to sell as a solicitor may pick it up.

    That's true and a good point.

    But you shouldn't let that worry you into paying £600.

    Even if a buyer's solicitor does pick up on it (unlikely they would know it was added recently) then all you need is to pay a small fee for indemnity insurance, to cover future buyers from the (near-zero) chance of future enforcement action. Likely to cost £10-15.
  • phoenix_w
    phoenix_w Posts: 418 Forumite
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    MisterBaxter wrote: »
    That's not to say it wouldn't cause an issue when you come to sell as a solicitor may pick it up.

    You'll probably be asked by your own solicitor whether you've knowingly breached any covenants. I think you'd be morally justified in not completely telling the truth in this instance. If the builder has changed premises/name or merged within the last 30-odd years so that it's not exactly the same as on the original deeds then technically you probably haven't breached it anyway.

    In the unlikely event the buyers solicitor picks it up, either offer to rip the porch down or tell them to buy an indemnity policy which they'd never ever claim on.

    I wouldn't lose any sleep over it.
  • phil24_7
    phil24_7 Posts: 1,535 Forumite
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    The covenant would have been in place for while they were developing the estate so that all the houses looked the same. There may well have been covenants about sign written vans on driveways too. These will all likely be completely unenforceable now as the reason they were put there is no longer an issue.
  • brightontraveller
    brightontraveller Posts: 1,379 Forumite
    edited 11 February 2016 at 2:50PM
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    Having been guilty of placing covenants etc on properties ( new build detached and semi’s) I can only say from our side we haven’t ever had there legality tested in court as fee’s generally are such that it makes little sense for homeowner to do so ? We have had more solicitor letters etc exchanged for flats but again never tested in court

    I know others that have and will defiantly defend them through the courts but plenty that wouldn’t go beyond a few solicitor letters before not bothering to enforce (As we can always wait till they sell and the new buyers solicitor may pick up on it) I'd ask your neighbors what they have done ?

    Way up cost of improvement with adding value to property be honest that type of addition ( porch )rarely increase’s value higher than build cost ?
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