Barratt Homes Contract Clause - Can this be legally challenged?

Katie30

Hi,

Sorry but I couldn't find a more appropriate forum to put this under. I have submitted plans to my local council to build an extension on my Barratt Home which was built in 1984. I have a mortgate on it with Britannia (I purchased the property in 2000). I have a copy of the deeds in which Barratt state "not to erect any building or other structure or carry out any building operations whether of a permanent or temporary nature on the property without prior written approval of the Transferor (Barratt Bradford Ltd) to a sufficiently detailed drawing thereof".

My architect has contacted them and they want £235 and a copy of the plans. Now my local authority planning fee only amounted to £400, so how on earth they can justify this amount and call it an "adminstration fee" I do not know!!!! The house is not under warranty with Barratt, i.e. the NHBC 10 year certificate, the property is FREEHOLD so surely this clause is invalid? It is just a licence to print money.

I have tried the Office of Fair Trading but was directed to Trading Standards which their scope does not cover this kind of situation. I have tried legal advice and they say I am bound by the contract and have to pay. My only hope is this site, I'm even considering contacting my local MP.

Has anyone else had this problem? Any help or guidance in the right direction would be appreciated.

pickles110564

When you bought this house did it not state this clause in the deeds?
You would have known about this before you purchase so why whine about it now.
If you did not know about it perhaps next time you will make an effort to read all the terms of the contract.

krispy444

Hi, the clause you refer to in the Deeds is called a restrictive covenant and therefore you must abide by it. You will have to get Barratts permission and unfortunately pay the price that they have stated. If you come to sell in the future you will need to prove that you have this permission else you will have to sort it out later and you will still have to pay for it then. Sorry its not better news. Good luck

DanceInThe_Dark

My sister got into a sticky situation similar to this when she erected a conservatory before realising she needed permission off the leaseholder who'd put a restrictive covenant on this.
The builder had sold off all the leases to a firm who wanted around £250 to apply and since she'd built without their consent another £250 penalty.
She was moving house at the time so had to cough up the cash.

clutton_2

i do sympathise but find this very odd

""I have tried the Office of Fair Trading but was directed to Trading Standards which their scope does not cover this kind of situation. I have tried legal advice and they say I am bound by the contract and have to pay""

you have asked the experts in consumer law (TS) and a lawyer and because you do not like the answers they gave you - you think you will get better advice from rank amateurs on a forum of total strangers ???

nowt so queer as folks !!!!

Running_Horse

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