More Covenant issues.

redwinnie

We are selling our house and the buyers solicitor has raised the issue that our replacement upvc windows go against the original 20 years old covenant to replace with like for like in wood. This is a house on an housing estate not a fancy country place by the way.

Our solicitor has written to the building company involved, and they have replied that they will be unwilling to grant anything retrospectively to allow the change.

Now our solicitor tells us that we could have got insurance, but can not now because the liability is to high because the builder knows we have breached the covenant (along with 75% of the other houses in the road it must be said).

Surely insurance would have been the safest and easiest thing in the first place.

It appears we only had two options, retrospective consent or insurance and now we have neither open to us. So does anyone have any ideas how we can now proceed? PLEASE.

Fire_Fox

Welcome! Is the developer going to enforce the covenant on the whole estate? You have a third and fourth option, to get new wooden windows installed or to discount the property to allow the buyers to do this, you might go 50/ 50 with them on the basis enforcement is unlikely.

redwinnie

We have verbal confirmation that they will not enforce it, but obviously we need to have it in writing which they will not give.

We have thought about getting a quote to have the windows changed back. The buyers don't want they changed back they like the new better insulated windows that are in there now. Not saying they won't want them changed back, they are just not bothered and are quite happy with the house as it is.

Fire_Fox

Well insulated wooden windows exist!

go_cat

I always thought that once the authorities were aware in this case the building company that any indemnity insurance was invalid?

Owain_Moneysaver

Do the builders actually still have any interest in the estate which enables them to enforce the covenant?

chappers

one thing you can do is get the solicitors to draw up an agreement whereby you agree that the liability in the unlikely event of enforcement doesn't pass onto your buyers but rests with you. i.e should the builders try to enforce the covenant that you will be responsible.
Another alternative is for your buyers solicitor or your buyer to have a word with the developers to put their minds at ease that the developers are not going to enforce the covenant.
Also as someone else has already pointed out, they probably no longer have a material interest in any part of the estate and therefore may find it difficult to enforce it anyway.