Restrictive covenants on extension

Clipclop

Seeking some help for a rear extension we would like to build on our house. It's permitted development and the plans have all been drawn up and a lawful development certificate issued. However, we have restrictive covenants in our deeds from local house builder, advising that we have to ask their permission for an extension. Handed in a letter to request extension and the £100 for them to consider it to their head office. The lady there said shouldn't be a problem but it's being looked into more than others as they own and rent out the house next to ours.

They have since rejected our request so wrote back to ask why they have rejected this when at least 5 other properties on the estate have been allowed to build bigger ones than what we want. We have been backwards and forwards with letters as they keep writing as managing agent for the property next door and not as the company benefiting from the covenants. The latest letter from them says that the covenants were initially for the builder but provide long term benefit and protection for all residents on the estate, meaning that one neighbour has the benefit of a covenant over another neighbour and vice versa (so why did they request £100 from us) I know two of the owners that have had extensions on their houses and they received permission from the house builder and the neighbours were never consulted. This seems very unfair to me as if they didn't own next door we would have been given permission. Is there anything we can do other than taking them to court which isn't an option as would cost far too much money.

Anyone's help would be gratefully received.

Land_Registry

The devil is always in the detail so the precise wording of both the covenanting clause and the covenants themselves will be crucial to understanding who has the benefit.

Clearly part of the wording refers to the need for a specific consent from the builder so that should be fairly straightforward, namely they either do or they don't.

Whether any other landowners also have the benefit of the RCs will come down to the wording as explained. There is presumably no stated requirement to 'consult' anyone else so it is usually more of a question of who has the benefit of the RCs and how likely are they to challenge you if you breach the RCs and then how likely are they to be successful if they chose to do so. These are things your solicitor should advise on.

Based on what you have posted the key issue is the builders refusal to consent and any challenge to that would presumably hinge on the wording of the RCs in that context. If it simply states that you cannot do it without their consent then it is very difficult to see on what basis you could challenge them legally?

Note - the planning process will make no account for RCs