Convenants? Do they ever expire?

moonbeam1983

I am buying a house in the Midlands and the convenant states that the garage can only be used as a garage. Thus, preventing us from converting it to a dining room.

However, I wanted to ask if these convenants ever expire?

Alsol, the house is 18 years old and the building company has gone into administration.

Would the convenant still apply if the compant no longer exists?

Any answers or advice on where to look would be great!

diable

What did your solicitor advise?

G_M

Read the covenant? Is it time limited?

However even if still in force, if the party with the ability to enforce it has disappeared, then it is unlikely to be enforced.......

moonbeam1983

The solicitor has just told us there is a convenant in place... but never said if it was only for a given time.

I hope that because the building company no longer exists, it would not be questioned.

Would we need planning permission for converting the garage?

kidcat

moonbeam1983 wrote: »

The solicitor has just told us there is a convenant in place... but never said if it was only for a given time.

I hope that because the building company no longer exists, it would not be questioned.

Would we need planning permission for converting the garage?

We have just purchased a house with a garage conversion - it required full council permission and inspection.

Cash-Cow_3

moonbeam1983 wrote: »

I am buying a house in the Midlands and the convenant states that the garage can only be used as a garage. Thus, preventing us from converting it to a dining room.

However, I wanted to ask if these convenants ever expire?

Alsol, the house is 18 years old and the building company has gone into administration.

Would the convenant still apply if the compant no longer exists?

Any answers or advice on where to look would be great!

You should be able to get an insurance policy against possible enforcement action. If it's not a covenant but a planning condition then that's a different kettle of fish.

G_M

moonbeam1983 wrote: »

Would we need planning permission for converting the garage?

Yes, and Buildings Regulations.

But those are entirely separate from the covenant.

tyler80

You don't always need planning permission to convert a garage, you'd need to check with your local authority. It does always needs building regs.

moonbeam1983

Thanks for the advice...

It's definately a covenant. Will definately have to investigate further...

geoffky

let us know what happened

Richard_Webster

If the covenant says that you cannot change a garage to a habitable room without the consent of the original building company and that company has been dissolved then the covenant can be ignored.

If the consent in question has to be obtained from the owners for the time being of a particular piece of land then if the company sold that land to someone else then they could still enforce it.

If there is a blanket ban on such conversion then the covenant could be enforced by anyone having the benefit of it, which could include those on an estate whose houses were sold by the builder after the house with conversion was sold. Although very unlikely it could still be theoretically possible in this kind of case for the covenant to be enforced and so an indemnity policy might be required by a buyer's solicitor.