ex-council house restrictive covenant on repairs

UKSBD

Going through process of buying ex-council house of housing association.

Just had notification from solicitor about needing consent from council to carry out repairs or alterations.

I assume this just pre-dates back to when it was a council house, but can it cause problems with regards modifying?

Yet to see the wording of covenant and talk to solicitor about it, but would like a bit of general knowledge before having a meeting with him.

olly300

UKSBD wrote: »

Going through process of buying ex-council house of housing association.

Just had notification from solicitor about needing consent from council to carry out repairs or alterations.

I assume this just pre-dates back to when it was a council house, but can it cause problems with regards modifying?

Is the estate listed or in a preservation area?

The properties where I've seen this restriction on them are listed or in a preservation area. Some of the properties affected were never council owned.

If the property is in a preservation area then you should be able to do internal modifications without asking permission but anything that changes the external appearance for example changing the windows, adding an conservatory or having an extension will require permission.

With regards to an extension or conservatory if other properties have one already then you are likely to get permission to do one if you make it similar. However with windows and sometimes exterior doors they can be more strict on their precise requirements even if other houses have breached their rules.

If the property is in a listed area then everything you do will require permission. This includes in one estate I know permission to change the kitchen due to it's unique plumbing.

Also I would check whether you have any trees in the property boundary and whether you are covered by a tree preservation area. If you are you cannot cut down or even prune the trees without permission. This means you must ensure that you don't have any trees or saplings taking root otherwise you have to ask permission to remove them.

UKSBD

Thanks,

It's not listed or in preservation area, edge of AONB though.

What would getting permission actually entail?

Neighbouring properties have extensions, fences, parking areas, etc. They would have all been council at one time but are now private.

The place needs modernising, possible structural changes (knocking through to make more open plan), a few trees removing (horribly leylandi type, probably planted after the covenent), off road parking (most the other houses in the row have already done this).

Is it just a case that you make a list up of the things you intend doing and just send it in to the cpouncil, if so, which department and can they say no?

Linus2864

Hello UKSBD

Restrictive covenants are pretty common on ex-council houses as we found when we bought our previous house.

According to our solicitor, the intention was to "preserve the character of the neighbourhood" and prevent everyone adding numerous features such as conservatories, cladding, garages etc. In other words you need the council's approval in addition to any building regulations and planning permission.

When we wanted to build a porch we called the Council housing department (may differ depending on the local authority), told them what we wanted to do and we got permission for a fee.

I would guess that the other properties in your neighbourhood have not applied for permission so, if they sell, they would need to buy indemnity insurance. Technically, the council could tell them to take down their conservatories etc but I don't know how common this is.

Hope this helps.

UKSBD

Linus2864 wrote: »

Hello UKSBD

When we wanted to build a porch we called the Council housing department (may differ depending on the local authority), told them what we wanted to do and we got permission for a fee.

Thanks,

do you remember what the fee was?

My concern is that the council can use this as a money making venture and hold us over a barrel regarding any changes we want to make.

Linus2864

UKSBD wrote: »

do you remember what the fee was?

It was a while ago, but I think it was about £50. However it will depend on your council.

UKSBD wrote: »

My concern is that the council can use this as a money making venture and hold us over a barrel regarding any changes we want to make.

Yes, it is also a money making venture as far as I am concerned, but the housing officer we dealt with was pretty straightforward and seemed surprised that we had bothered to ask.

Fire_Fox

Why don't you telephone the council for a chat?

missile

UKSBD wrote: »

....
Is it just a case that you make a list up of the things you intend doing and just send it in to the cpouncil, if so, which department and can they say no?

I would suggest you make up a list of the changes you intend and ask the planning department. I doubt it will be an issue and suggest it may be to your advantage to have this check in place to stop irresponsible home "improvements".

It is a real eyesore to have a row of houses where each owner paints their's a different colour

UKSBD

Thanks, I'm no legal expert, but from my reading of the property register the covenant only applies to ex-tenants who buy under the "right to buy" scheme anyway.

I dare say my solicitor will let me know if there are any problems.

I will be contacting the council regarding any changes I make anyway and getting all the necessary building certificates.