Extension Question

rob_kzk

Hi All,

We are in the process of buying our first house together and have just received back the answers to our solicitors enquiries.

The house was built in 1999 and we have a copy of the original transfer document from the house builder to the first people who owned the property. One of the covenants and restrictions states that:

"Not at any time during the Development Period without the prior written consent of the Transferor:-
to erect or suffer to be erected any building or structure whether of a permanent or temporary nature on any part of the Property."

Our solicitor has told us that this means we would need to gain the consent of the developer and planning permission if we were to add an extension or conservatory to the property.

We were just wondering if anyone else has come across this, and if when they came to add an extension or conservatory they had any problems gaining the consent of the original developer.

Thank you for your help.

Rob

Jorgan_2

Its not a Westbury build is it? This is quite common with various builders & I haven't known a builder to refuse permission yet. We usually come across this with vendors who haven't realised/forgotten there is this clause just before they are trying to exchange contracts. Most of the cases I have been involved with will give their permission in writing, as long as the request is accompanied by a cheque, £130 seems popular at the moment.

Debt_Free_Chick

What is the definition of the Development Period?

Usually, these types of covenant only refer to the period of construction (of the whole development). It's to ensure that all the houses already built appear the same as those due to be built in the next few months - so there is a uniform appearance to the whole development.

Once the development is completed, the builder doesn't care who does what. Hence my question - what is the definition of the Development Period?

Cristy

We had this exact situation with the house we're buying. The first owners put up a conservatory before the 5 years stated in the covenant were up (in fact, the year after it was built!). It should be the vendor's responsibility to ensure that this situation is rectified, not yours Our vendor just took out an indemnity policy to cover us in the (very unlikely) case the builders find out and want some sort of compensation.

bylromarha

Maybe have another viewing of the house and use it to look into the back gardens of the other neighbours and see if they have conservatories...it'll give you a clue as to what has been permitted previously.

We had a clause on our new house to not put a caravan on our drive...fine with us, although the neighbours across the road obviously had their fingers in their ears at that bit.

Jorgan_2

I have had a number of sales where people have built conservatories 10 - 15 years before selling a property and the builder has had to grant their permission. Each builder is different so don't assume that just because next door did something x years ago that you will be able to do the same.

david29dpo

simply get your solicitor to cross out any unnecessary covenants before you sign. they are very unlikely to refuse to sell you house. lets be honest hear, these covenants are put on to make more money from you. what do they care what the houses look like when they sold them all!.