New Houses & commercial vehicles

madbenns

Can anyone help with the following problem please?
We are desperately lookin to move and would prefer a brand new house or relatively new one and are encountering the problem that as hubby works for a utilities company and is on call has to park his vehicle at home. We have been advised that all housebuilders now and many over the past 10 years or so have clauses & covenants written into their legal contracts that commercial vehicles cannot be parked on these developments (This includes driveways and in some cases garages too!). Some have exceptions and will allow you to park in the garage but the vehicle hubby has to use has ladders on the top so it will not fit in a garage! Many Estate Agents sellin these houses on second hand have told us not to worry as the rules are very seldom enforced but we have been told of stories where people have had to sell their vans, as this isn't an option I was wonderin if anyone out there has managed to get round this.
Thanks

sneekymum

We live on Self-Employed Road - you can't move for vans and trucks and drain-cleaning trailers.

Perhaps you'd be happier somewhere like that?

The houses are fifty years old - but we're surrounded by plumbers and electricians. It just takes one neighbour to get shirty if you move to a new house and ignore the restrictions to spoil your happiness there.

fossman

We are buying a new house from David Wilson and in the contract we signed it said commercial vehicles could not be parked on the estate. There were quite a few other clauses like not having Sky dishes on the front of the house.

I supposed its just to keep the development looking good.

vansboy

This is something that has come about even more, in the last few years, since many of the utilites & big firms, that have van fleets sell of their depots & let the van go home with the driver.

You'll probably not have a real problem, unless it was a heavy vehicle/lorry etc. & there's every chance the covenant could be read & interpreted in many ways.

We've got on ours saying 'that the shared access area may only be passed over with or without cars & light vans'. So am I OK 'passing over' it with a London bus, 'cos I'm certainly doing it without a car or light van!!

Your solicitor will probably think the same!!

VB

JDE_4

We live on a new development (18 months old) and we're subject to the same sort of restrictions. However, one of our neighbours works for a car-hire firm and has no less than 4 cars dotted around the street - only 1 of which is on his drive :mad: There's also a guy who has a landscaping business and he parks his battered old transit van on his drive every night.

At the end of the day I guess you're legally bound by the terms of the covenant but is anyone actually going to enforce it? Certainly not if our experience is anything to go by.

Jorgan_2

I live on a a modern estate, approx 5yrs old. Same restriction on commercial vehicles, hasn't stopped the landscaped gardener, mobile mechanic, organic fruit & veg vendor, motorbike shop retailer or taxi driver living on the estate. I know of estates where, according to the deeds, you can't have a rotary washing line, hasn't stopped people using them though.

Speak to your solicitor regarding your concerns, they will be able to give you the necessary advice.

wack_2

It's usually only the builders that will enforce the covenant until all the houses are sold, it's so prospective buyers aren't put off by a load of signwritten vans on peoples drives.

Once the development has finished. all the houses are sold and the roads have become adopted it's the councils responsibility to enforce the covenants.

A friend on a new development had a neighbour complain about his van, the council more or less told her that they wouldn't persue it because it sets a precident which means they'll have to act on every caravan, boat, van and trailer on every estate that has similar restrictions.

Too much hassle for them, obviously each council is a law unto itself so i'd check if they enforce this particular covenant before spending 100s of thousands on a house.

vansboy

Wasn't there an instance, a year or so back, where anew development of highish value properties were being built & one of the first houses was sold to members of the slightly settled, but unscrupulous, traveling community?

They bought the house & then began moving in - lorries, diggers, tarmac laying machines & all sorts of equipment which would have potentially put of other purchasers.

They were given a substantial 'profit' on their house to move on!

VB

NervousYetFeisty

It's a ruse to put off builders, plumbers, sparks etc from buying these houses - and therefore having the expert eyes to uncover the tat most of these developers try to palm everyone else off with

Claudie

Hi Jorgan - I think I must be your neighbour! Not only can you not get on our street for the vans, most houses have parking for 1 car and have either 2 or 3 cars...

terrierlady

we have a problem on our development like this the lawn has been dug up and two vans parked alongside the main window, problem is the semi next door has a bay window and the vans are blocking the light into her home, thats why the clause is put in the contract.