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Need Help - First time buyer and Restrictive Covenants
d_hamal
Posts: 3 Newbie
Hello,
We are a first time buyer looking to purhase a townhouse on equity loan scheme of 25 % plus 75% mortgage. Following Restrictive Covenants have been made known to me but we're not sure if we fully understand these restrictions.
Would be very helpful if people on this forum could advise me if I should be worried about these restrictions. This is a residential property we're looking to purchase but of course there is an expectation that this is a long term investment that will hopefully appreciate in the long term.
Many Thanks,
DH
13.6.3.3 not to:
13.6.3.3.1 construct on the Property more than onebuilding for residential use which is self contained and comprises of a singleprivate dwellinghouse (whether or not forming part of a pair of semi-detachedor row of terraced dwellinghouses) intended for single occupation and not touse the Property otherwise than as the Transferee’s main residence.
13.6.3.3.2 Create anytenancy or subletting of the whole or any part of the Property.
13.6.3.4 not to construct any building or otherstructure on the Property or carry out any external structural alterationswhether structural or otherwise to any building or structure (including theexternal colour scheme and external finishes or treatments to any elevation/ordoors/or window frames on any elevation visible when viewing the property fromthe road to which it fronts and/or boundary treatments) on the Property except(in either case) in accordance with such plans elevations and specifications asshall have been previously approved in writing by the Transferor and providedthat the building originally constructed by the Transferor shall be deemed tohave such consent nor to erect construct or place any new building or otherstructure or wall boundary wall or hedge on or in front of the building line ofthe Property SAVE THAT alteration to the rear elevation of any building on theProperty from time to time shall not require any such consent provided that allstatutory consents required are obtained before commencing the relevant works.
13.6.3.5 not to dispose of any of the surface waterfrom the Property other than to surface water drains constructed within thecurtilage of the Property
13.6.3.8 Without the specific prior permission fromthe Transferor, whose decision is final, not to keep any dog, cat or otheranimal or reptile on the Premises (except for fish and/or one caged bird) whichpermission shall be revocable immediately upon notice in writing from theTransferor to the Transferee if such animal, reptile, fish or bird cause anuisance or annoyance to the owner of any other Plot. No breed of dog specifiedin the Dangerous Dog Act 1991 shall be kept or brought onto the Property at anytime
13.6.3.9 not to apply for planning permission forthe Property without the Transferor's prior written consent
13.6.3.10 Not to erect or suffer to be erected uponthe Property or any part of it at any time any advertisement notice placard ornotice board other than for the sale of the Property
13.6.3.11 Not at any time without the writtenconsent of the drainage authority to erect any building or other structurewithin three metres measured horizontally from the centre line of any adoptablesewer nor within that zone to plant any trees or other deep rooting plants orshrubs nor obstruct access with any necessary vehicles plant or equipment toany adoptable sewers (but to the intent that this covenant shall not prohibitthe retention of any structure in place at the date of this Transfer)
13.6.3.12 Not at any time without the writtenconsent of the appropriate gas supply company to erect any building or otherstructure within 1.5 metres measured horizontally from the centre line of anygas supply pipe nor within that zone to plant any trees or other deep rootingplants or shrubs nor to do or cause or permit to be done anything calculated orlikely to cause damage or injury to or prevent access to any such gas supplypipe (but to the intent that this covenant shall not prohibit the retention ofany structure in place at the date of this Transfer)
13.6.3.13 Not to do anything which may lessen thesupport or protection given by the Property to any adjoining or neighbouringproperty on the remainder of the Estate or the Retained Land
13.6.3.14 Not to erect any external television orradio aerial or satellite dish on any part of the Property without the writtenconsent of the Transferor (such consent not to be withheld unreasonably ifadequate reception cannot be obtained by the use of an indoor aerial) and it isexpressly agreed that the withholding of such consent shall not be deemed to beunreasonable if and for so long as a communal aerial or cable supply isavailable for use by the Transferee
13.6.3.15 Not to camp or use any barbeque oranything similar on the Common Parts or any areas designated for private orpublic open space.
13.6.3.16 Not to erect any rotary airer line poleor other apparatus for the drying of clothes or other apparel nor otherwise toleave out such apparel for drying in any position forward of the frontelevation of the dwelling on the Property nor upon any balcony or terrace aboveground floor level
13.6.3.17 Not to park any heavy or light goodsvehicle, (other than a light passenger motor car derived commercial vehicle),caravan, boat, trailer or any similar type of vehicle on the Property except,in the case of a small trailer (not exceeding 400 kilograms in weight) only,within the back garden of the dwelling on the Property and not to park anyother vehicle within any front garden on the property save on any hard-standingprovided by the Transferor for such purpose or an otherwise approved by theTransferor in its discretion.
13.6.3.18 Not to remove or destroy any tree orshrub planted on the Property as part of any landscaping scheme (and forthwithto replace any tree or shrub on the Property which dies or is removed anddestroyed and which in the Transferor's opinion needs to be replaced)
13.6.3.19 Not to plant obstruct or otherwiseobscure any part of the Property which is required by the highways authority tobe kept clear for vision splay purposes
13.6.3.20 Not to carry out any mechanical or otherworks to motor vehicles not belonging to the Transferee on the Property or onthe remainder of the Estate and not to carry out any mechanical or other worksto motor vehicles belonging to the Transferee on any open part of the Estate orRetained Land or the Roads save in the case of emergency
13.6.3.21 Not to allow or cause to be allowed thedeterioration of any vehicle on the Property to an unreasonable condition norto abandon or allow to be abandoned any vehicle whatsoever on any part of theEstate or Retained Land and in the event of any breach of this covenant itshall be lawful for the Transferor without prejudice to its rights hereunder toarrange for the removal of such neglected or abandoned vehicle and to recoverfrom the Transferee any costs incurred by it under the First Rentcharge
13.6.3.23 Not to use or store on or within theProperty (a) any highly inflammable materials, other than usual household goodsin normal domestic quantities and (b) heaters fuelled by either paraffin orliquid petroleum gas
13.6.3.24 Not to plant any trees on the Propertyother than small ornamental trees nor any trees or shrubs which do or arereasonably likely to cause damage to any adjoining or neighbouring property orthe Conduits or a nuisance to the owners or occupiers thereof and (withoutprejudice to the generality of the foregoing) not to plant upon the Propertyany Leylandii or any similar evergreen species which may to grow box height inexcess of 2 metres.
We are a first time buyer looking to purhase a townhouse on equity loan scheme of 25 % plus 75% mortgage. Following Restrictive Covenants have been made known to me but we're not sure if we fully understand these restrictions.
Would be very helpful if people on this forum could advise me if I should be worried about these restrictions. This is a residential property we're looking to purchase but of course there is an expectation that this is a long term investment that will hopefully appreciate in the long term.
Many Thanks,
DH
13.6.3.3 not to:
13.6.3.3.1 construct on the Property more than onebuilding for residential use which is self contained and comprises of a singleprivate dwellinghouse (whether or not forming part of a pair of semi-detachedor row of terraced dwellinghouses) intended for single occupation and not touse the Property otherwise than as the Transferee’s main residence.
13.6.3.3.2 Create anytenancy or subletting of the whole or any part of the Property.
13.6.3.4 not to construct any building or otherstructure on the Property or carry out any external structural alterationswhether structural or otherwise to any building or structure (including theexternal colour scheme and external finishes or treatments to any elevation/ordoors/or window frames on any elevation visible when viewing the property fromthe road to which it fronts and/or boundary treatments) on the Property except(in either case) in accordance with such plans elevations and specifications asshall have been previously approved in writing by the Transferor and providedthat the building originally constructed by the Transferor shall be deemed tohave such consent nor to erect construct or place any new building or otherstructure or wall boundary wall or hedge on or in front of the building line ofthe Property SAVE THAT alteration to the rear elevation of any building on theProperty from time to time shall not require any such consent provided that allstatutory consents required are obtained before commencing the relevant works.
13.6.3.5 not to dispose of any of the surface waterfrom the Property other than to surface water drains constructed within thecurtilage of the Property
13.6.3.8 Without the specific prior permission fromthe Transferor, whose decision is final, not to keep any dog, cat or otheranimal or reptile on the Premises (except for fish and/or one caged bird) whichpermission shall be revocable immediately upon notice in writing from theTransferor to the Transferee if such animal, reptile, fish or bird cause anuisance or annoyance to the owner of any other Plot. No breed of dog specifiedin the Dangerous Dog Act 1991 shall be kept or brought onto the Property at anytime
13.6.3.9 not to apply for planning permission forthe Property without the Transferor's prior written consent
13.6.3.10 Not to erect or suffer to be erected uponthe Property or any part of it at any time any advertisement notice placard ornotice board other than for the sale of the Property
13.6.3.11 Not at any time without the writtenconsent of the drainage authority to erect any building or other structurewithin three metres measured horizontally from the centre line of any adoptablesewer nor within that zone to plant any trees or other deep rooting plants orshrubs nor obstruct access with any necessary vehicles plant or equipment toany adoptable sewers (but to the intent that this covenant shall not prohibitthe retention of any structure in place at the date of this Transfer)
13.6.3.12 Not at any time without the writtenconsent of the appropriate gas supply company to erect any building or otherstructure within 1.5 metres measured horizontally from the centre line of anygas supply pipe nor within that zone to plant any trees or other deep rootingplants or shrubs nor to do or cause or permit to be done anything calculated orlikely to cause damage or injury to or prevent access to any such gas supplypipe (but to the intent that this covenant shall not prohibit the retention ofany structure in place at the date of this Transfer)
13.6.3.13 Not to do anything which may lessen thesupport or protection given by the Property to any adjoining or neighbouringproperty on the remainder of the Estate or the Retained Land
13.6.3.14 Not to erect any external television orradio aerial or satellite dish on any part of the Property without the writtenconsent of the Transferor (such consent not to be withheld unreasonably ifadequate reception cannot be obtained by the use of an indoor aerial) and it isexpressly agreed that the withholding of such consent shall not be deemed to beunreasonable if and for so long as a communal aerial or cable supply isavailable for use by the Transferee
13.6.3.15 Not to camp or use any barbeque oranything similar on the Common Parts or any areas designated for private orpublic open space.
13.6.3.16 Not to erect any rotary airer line poleor other apparatus for the drying of clothes or other apparel nor otherwise toleave out such apparel for drying in any position forward of the frontelevation of the dwelling on the Property nor upon any balcony or terrace aboveground floor level
13.6.3.17 Not to park any heavy or light goodsvehicle, (other than a light passenger motor car derived commercial vehicle),caravan, boat, trailer or any similar type of vehicle on the Property except,in the case of a small trailer (not exceeding 400 kilograms in weight) only,within the back garden of the dwelling on the Property and not to park anyother vehicle within any front garden on the property save on any hard-standingprovided by the Transferor for such purpose or an otherwise approved by theTransferor in its discretion.
13.6.3.18 Not to remove or destroy any tree orshrub planted on the Property as part of any landscaping scheme (and forthwithto replace any tree or shrub on the Property which dies or is removed anddestroyed and which in the Transferor's opinion needs to be replaced)
13.6.3.19 Not to plant obstruct or otherwiseobscure any part of the Property which is required by the highways authority tobe kept clear for vision splay purposes
13.6.3.20 Not to carry out any mechanical or otherworks to motor vehicles not belonging to the Transferee on the Property or onthe remainder of the Estate and not to carry out any mechanical or other worksto motor vehicles belonging to the Transferee on any open part of the Estate orRetained Land or the Roads save in the case of emergency
13.6.3.21 Not to allow or cause to be allowed thedeterioration of any vehicle on the Property to an unreasonable condition norto abandon or allow to be abandoned any vehicle whatsoever on any part of theEstate or Retained Land and in the event of any breach of this covenant itshall be lawful for the Transferor without prejudice to its rights hereunder toarrange for the removal of such neglected or abandoned vehicle and to recoverfrom the Transferee any costs incurred by it under the First Rentcharge
13.6.3.23 Not to use or store on or within theProperty (a) any highly inflammable materials, other than usual household goodsin normal domestic quantities and (b) heaters fuelled by either paraffin orliquid petroleum gas
13.6.3.24 Not to plant any trees on the Propertyother than small ornamental trees nor any trees or shrubs which do or arereasonably likely to cause damage to any adjoining or neighbouring property orthe Conduits or a nuisance to the owners or occupiers thereof and (withoutprejudice to the generality of the foregoing) not to plant upon the Propertyany Leylandii or any similar evergreen species which may to grow box height inexcess of 2 metres.
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Comments
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I wouldn't buy this property as you aren't allowed to let it out. Therefore if you ever need to relocate, move to a bigger property or get into financial difficulty you will have to sell, which may cause you lots of trouble if you can't sell quick enough or you're in negative equity.Don't listen to me, I'm no expert!0
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Hello,
We are a first time buyer looking to purhase a townhouse on equity loan scheme of 25 % plus 75% mortgage. Following Restrictive Covenants have been made known to me but we're not sure if we fully understand these restrictions.
Would be very helpful if people on this forum could advise me if I should be worried about these restrictions. This is a residential property we're looking to purchase but of course there is an expectation that this is a long term investment that will hopefully appreciate in the long term.
Many Thanks,
DH
13.6.3.3 not to:
13.6.3.3.1 construct on the Property more than onebuilding for residential use which is self contained and comprises of a singleprivate dwellinghouse (whether or not forming part of a pair of semi-detachedor row of terraced dwellinghouses) intended for single occupation and not touse the Property otherwise than as the Transferee’s main residence.
13.6.3.3.2 Create anytenancy or subletting of the whole or any part of the Property.
13.6.3.4 not to construct any building or otherstructure on the Property or carry out any external structural alterationswhether structural or otherwise to any building or structure (including theexternal colour scheme and external finishes or treatments to any elevation/ordoors/or window frames on any elevation visible when viewing the property fromthe road to which it fronts and/or boundary treatments) on the Property except(in either case) in accordance with such plans elevations and specifications asshall have been previously approved in writing by the Transferor and providedthat the building originally constructed by the Transferor shall be deemed tohave such consent nor to erect construct or place any new building or otherstructure or wall boundary wall or hedge on or in front of the building line ofthe Property SAVE THAT alteration to the rear elevation of any building on theProperty from time to time shall not require any such consent provided that allstatutory consents required are obtained before commencing the relevant works.
13.6.3.5 not to dispose of any of the surface waterfrom the Property other than to surface water drains constructed within thecurtilage of the Property
13.6.3.8 Without the specific prior permission fromthe Transferor, whose decision is final, not to keep any dog, cat or otheranimal or reptile on the Premises (except for fish and/or one caged bird) whichpermission shall be revocable immediately upon notice in writing from theTransferor to the Transferee if such animal, reptile, fish or bird cause anuisance or annoyance to the owner of any other Plot. No breed of dog specifiedin the Dangerous Dog Act 1991 shall be kept or brought onto the Property at anytime
13.6.3.9 not to apply for planning permission forthe Property without the Transferor's prior written consent
13.6.3.10 Not to erect or suffer to be erected uponthe Property or any part of it at any time any advertisement notice placard ornotice board other than for the sale of the Property
13.6.3.11 Not at any time without the writtenconsent of the drainage authority to erect any building or other structurewithin three metres measured horizontally from the centre line of any adoptablesewer nor within that zone to plant any trees or other deep rooting plants orshrubs nor obstruct access with any necessary vehicles plant or equipment toany adoptable sewers (but to the intent that this covenant shall not prohibitthe retention of any structure in place at the date of this Transfer)
13.6.3.12 Not at any time without the writtenconsent of the appropriate gas supply company to erect any building or otherstructure within 1.5 metres measured horizontally from the centre line of anygas supply pipe nor within that zone to plant any trees or other deep rootingplants or shrubs nor to do or cause or permit to be done anything calculated orlikely to cause damage or injury to or prevent access to any such gas supplypipe (but to the intent that this covenant shall not prohibit the retention ofany structure in place at the date of this Transfer)
13.6.3.13 Not to do anything which may lessen thesupport or protection given by the Property to any adjoining or neighbouringproperty on the remainder of the Estate or the Retained Land
13.6.3.14 Not to erect any external television orradio aerial or satellite dish on any part of the Property without the writtenconsent of the Transferor (such consent not to be withheld unreasonably ifadequate reception cannot be obtained by the use of an indoor aerial) and it isexpressly agreed that the withholding of such consent shall not be deemed to beunreasonable if and for so long as a communal aerial or cable supply isavailable for use by the Transferee
13.6.3.15 Not to camp or use any barbeque oranything similar on the Common Parts or any areas designated for private orpublic open space.
13.6.3.16 Not to erect any rotary airer line poleor other apparatus for the drying of clothes or other apparel nor otherwise toleave out such apparel for drying in any position forward of the frontelevation of the dwelling on the Property nor upon any balcony or terrace aboveground floor level
13.6.3.17 Not to park any heavy or light goodsvehicle, (other than a light passenger motor car derived commercial vehicle),caravan, boat, trailer or any similar type of vehicle on the Property except,in the case of a small trailer (not exceeding 400 kilograms in weight) only,within the back garden of the dwelling on the Property and not to park anyother vehicle within any front garden on the property save on any hard-standingprovided by the Transferor for such purpose or an otherwise approved by theTransferor in its discretion.
13.6.3.18 Not to remove or destroy any tree orshrub planted on the Property as part of any landscaping scheme (and forthwithto replace any tree or shrub on the Property which dies or is removed anddestroyed and which in the Transferor's opinion needs to be replaced)
13.6.3.19 Not to plant obstruct or otherwiseobscure any part of the Property which is required by the highways authority tobe kept clear for vision splay purposes
13.6.3.20 Not to carry out any mechanical or otherworks to motor vehicles not belonging to the Transferee on the Property or onthe remainder of the Estate and not to carry out any mechanical or other worksto motor vehicles belonging to the Transferee on any open part of the Estate orRetained Land or the Roads save in the case of emergency
13.6.3.21 Not to allow or cause to be allowed thedeterioration of any vehicle on the Property to an unreasonable condition norto abandon or allow to be abandoned any vehicle whatsoever on any part of theEstate or Retained Land and in the event of any breach of this covenant itshall be lawful for the Transferor without prejudice to its rights hereunder toarrange for the removal of such neglected or abandoned vehicle and to recoverfrom the Transferee any costs incurred by it under the First Rentcharge
13.6.3.23 Not to use or store on or within theProperty (a) any highly inflammable materials, other than usual household goodsin normal domestic quantities and (b) heaters fuelled by either paraffin orliquid petroleum gas
13.6.3.24 Not to plant any trees on the Propertyother than small ornamental trees nor any trees or shrubs which do or arereasonably likely to cause damage to any adjoining or neighbouring property orthe Conduits or a nuisance to the owners or occupiers thereof and (withoutprejudice to the generality of the foregoing) not to plant upon the Propertyany Leylandii or any similar evergreen species which may to grow box height inexcess of 2 metres.
They're pretty standard. Do you really not understand them? Don't you have a solicitor that can explain these to you? You'll be signing a pretty complicated lease - you need to understand it.
13.6.3.3.1 you can't build a granny flat in the garden
13.6.3.3.2 you cannot sublet (have lodgers or rent out the property)
13.6.3.4 you can't change the colour or style of the front windows or doors or paint anything that can be seen from the road in front of the house. you also can't build any walls, fences, or plant any shrubs in front of the house
13.6.3.5 all water needs to drain into the waste water system - you can't divert it into a pond or whatever
13.6.3.8 you can't keep pets without permission, and there are limits on what you can have
13.6.3.9 you can't apply for any planning permission without going to the HA first
13.6.3.10 you can't advertise anything on the house
yadda yadda yadda
13.6.3.14 you can't have a sky dish
13.6.3.16 you can't put a washing line in your front garden or on your balconies
13.6.3.17 you can't park commercial vehicles or caravans on the property
13.6.3.18 you can't dig up anything they plant
13.6.3.20 you can't fix cars on the property
13.6.3.21 you can't store scrap cars on the property
13.6.3.23 you can't store petrol etc on the property
13.6.3.24 you can't plant big trees on the propertyScience adjusts its views based on what's observed.
Faith is the denial of observation, so that belief can be preserved.
:A Tim Minchin :A
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All standard for shared equity/ownership etc.
Sky and the pets may be the ones to note...?
Its not really written in legal jargon though, so relatively straightforward..I am a Mortgage Broker
You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it.This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
They're pretty standard. Do you really not understand them? Don't you have
a solicitor that can explain these to you? You'll be signing a pretty
complicated lease - you need to understand it.
Sorry, I don't and I appreciate I really should. Thank you, nevertheless for further simplifying this. It's a worry to see some of these actually so it's very helpful to see your feedback. I haven't yet engaged my solicitor. I am at a very early stage and had asked for any restrictive covenants on the property so solicitors haven't been engaged yet.0 -
Sorry, I don't and I appreciate I really should. Thank you, nevertheless for further simplifying this. It's a worry to see some of these actually so it's very helpful to see your feedback. I haven't yet engaged my solicitor. I am at a very early stage and had asked for any restrictive covenants on the property so solicitors haven't been engaged yet.
OP - don't be made to feel stupid.
Some people easily understand this type of thing and some people don't (especially when you're a FTB). Conveyancing can be complex hence why the majority of us spend a fortune on legal fees when we buy/sell property.0 -
I'd be most concerted about restrictions on subletting/the property only to be used as the residence of the transferee (the owner for the time being - not the residence of a tenant). This means that it will not be acceptable to BTL buyers in the future which could make it more difficult to sell.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
As it's a townhouse rather than flat, I'd be pretty miffed at the no pets clause too.0
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Is there no way the OP could request to get the covenants removed?You were only killing time and it'll kill you right back0
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girl_withno_name wrote: »Is there no way the OP could request to get the covenants removed?
I could ask for this but not very hopeful, thanks.
It's a worry if we can't find a buyer because of the tenancy restriction. We're not really looking to rent the place out too but then if we have to sell out the house in a hurry ( for whatever reason), the HA are telling us they will buy it back at the same price tehy sell us. Their rationale being they wouldn't want the property price to go down! Should this give us any comfort?0 -
I think having a lodger and subletting are technically different things, so I don't think the lease prohibits lodgers. Don't worry about not understanding the terms as they're something you gradually learning from buying and managing property.
If you can afford to buy a property which you can let out if you wish then you should seriously think about it. You never know what might happen in the future and it's better for when you come to sell. If you can't buy anything viable otherwise then you need to be aware of the consequences.Don't listen to me, I'm no expert!0
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