Do we need permission to brick up an external doorway?

First_Time_Saver

Can anyone tell me if the following Restrictive Covenant placed on a house means permission will need to be requested to brick up an external door way? - thanks.


'Not to make or suffer to be made any alteration or addition affecting the elevation external structure or stability of any building on the Property nor to erect or set up or permit to be erected or set up upon any part of the Property any new building or structure without the previous consent in writing of the Transferor.'

moneyistooshorttomention

I'd take that as meaning you cant personally. In fact I would be worrying as to whether it would be possible to even do the standard "swop windows for doubleglazed ones" that most of us do and hence worth checking carefully exactly what that wording covers.

You will now likely get a number of people asking you if the beneficiary of that covenant is likely to still be around to stop you doing so.

G_M

Seems straightforward to me:

First_Time_Saver wrote: »

'Not to make [STRIKE]or suffer to be made [/STRIKE] any alteration [STRIKE]or addition[/STRIKE] affecting the[STRIKE] elevation[/STRIKE] external structure [STRIKE]or stability[/STRIKE] of any building on the Property [STRIKE]nor to erect or set up or permit to be erected or set up upon any part of the Property any new building or structure without the previous consent in writing of the Transferor.'[/STRIKE]

.............................

jjlandlord

I'm not expert but I would say that what you propose to do would not alter the elevation structure, or stability, and would not be a new building or structure: I.e., it would not breach that covenant.

I'm thinking that closing a door way would not affect the structure, while creating one would.

You probably should consult someone who knows exactly what "affecting the elevation external structure" usually means.
Perhaps someone on here knows.

Pete9501

you might also want to have a chat with the local building control people. It is reportable to our local BC. Something to do with existing out of rooms etc.

Pete

kinger101

jjlandlord wrote: »

I'm not expert but I would say that what you propose to do would not alter the elevation structure, or stability, and would not be a new building or structure: I.e., it would not breach that covenant.

I'm thinking that closing a door way would not affect the structure, while creating one would.

You probably should consult someone who knows exactly what "affecting the elevation external structure" usually means.
Perhaps someone on here knows.

It is pretty poorly worded. Years of law school and they haven't worked out what a comma is. It should have read "the elevation, external structure or stability...."

The elevation is the external facade of the property. So bricking up a doorway would breach this covenant.

davidmcn

kinger101 wrote: »

The elevation is the external facade of the property. So bricking up a doorway would breach this covenant.

Yes, I would agree with that.

Mallotum_X

Who is the covenant in favour of. When is it dated.

G_M

kinger101 wrote: »

It is pretty poorly worded. Years of law school and they haven't worked out what a comma is. It should have read "the elevation, external structure or stability...."

http://www.wills.org.uk/punctuation-in-wills/

kinger101

G_M wrote: »

http://www.wills.org.uk/punctuation-in-wills/

Next you'll be telling me there's a good reason for doctors' handwriting being little more than a childish scrawl.

dimbo61

They normally put doors into buildings for a reason.
External doors as a means of escape in the event of a fire
Speak to your local planning department