Buying house, previous owners di not get covenants consent for extension

PokeHer

Hi All,

We are in the process of buying a house and we are probably only a few days away from exchange of contracts. An issue has been brought to my attention from my conveyancer stating that the vendors cannot provide a covenants consent for building an extension to the property. In 2002 they built a ground floor extension (a small utility room) and then in 2006, they built on top of this utility room expanding over the garage to form a bathroom and extra bedroom. I have checked on my local authorities website and I can see that there was planning permission granted for a 1st floor extension but there is not for the one in 2002, apparently it wasn't required.

The covenant was deceased at the time that planning permission was sought after. Should they have gone to his successors for this consent? Or the local authority? If they acquired planning approval from the local authority is this not the same as covenant consent in this case?

My conveyancer has advised me of this problem and the vendors will be taking out an indemnity insurance policy for me. The problem I have is that I want to convert the garage into a room and build a new garage on the side, possibly with an extra 1st floor extension above that in the future. Will I have problems obtaining consent for this?

Thanks in advance

societys_child

Covenants don't affect PP and as there appears to be no one around to "enforce" it, I think you're worrying unnecessarily.
Covenants have nothing to do with "the local authority"

PokeHer

Thanks I do hope you are right! When I look to convert my garage, I should not need planning permission but should I look for the successors of the covenant or just go ahead with it?