Developer's consent on a new build

BartyBoy

Hello all

Please tell me / educate me if it is common for a buyer to 'buy' a consent from a developer on a new build for any construction work such as a front porch, a side extension and a conservatory.

I know it is subject to the conditions on the purchase contract, but I just wanted to know if a consent from a developer is common / standard requirement to a new build.

Many thanks in advance!

marksoton

So you are effectively asking for a covenent to be changed?

lincroft1710

It appears to becoming more common these days

comeandgo

We had that covenant on our deeds but it also stated this was only in place whilest the developer was still on site. When all building done and all houses sold the developer had no further need to be told of planned changes.

BartyBoy

comeandgo wrote: »

We had that covenant on our deeds but it also stated this was only in place whilest the developer was still on site. When all building done and all houses sold the developer had no further need to be told of planned changes.

Hello, and thank you for your reply.

I must say I had the same thought about the consent was only required while the developer was still on site. But when I wrote to the regional office to query that, I was told a consent will always be required whether the builders are still on site or not, which I am a bit confused and puzzled...

marksoton

BartyBoy wrote: »

Hello, and thank you for your reply.

I must say I had the same thought about the consent was only required while the developer was still on site. But when I wrote to the regional office to query that, I was told a consent will always be required whether the builders are still on site or not, which I am a bit confused and puzzled...

As lincroft says it's becoming more and more common. Whether it's enforced or not is another matter.....

BartyBoy

marksoton wrote: »

As lincroft says it's becoming more and more common. Whether it's enforced or not is another matter.....

Hello and thank you for your replies too.

It is good to know it is common for a buyer to buy a consent from a developer these days. At least I know I am not being tricked here (never bought a new build before).

On a different note, when I spoke to the next door neighbours, they told me they were waiting the builders to leave the site first, then have a conversatory built. I thought it was only me who didn't realise the consent requirement from this specific developer.

Thanks

HouseBuyer77

It is good to know it is common for a buyer to buy a consent from a developer these days. At least I know I am not being tricked here (never bought a new build before).

Whilst it may not be a 'trick' it does sounds a bit unreasonable of them. Wanting to keep the estate in good order without changes whilst they are still building/selling is fair enough. But once they've totally left the site I don't see why you should have to pay them anything.

Is the fee asked for a 'admin' fee (say a few hundred)? Whilst annoying not the end of the world.

If they're asking for more substantial sums it seems like pure profiteering. However that doesn't mean they can't get away with it. I'm not sure what would happen if you build a conservatory say, without permission, violating a covenant and they came back to try and enforce it. Given they would have suffered no loss.

Is the property freehold?

BartyBoy

HouseBuyer77 wrote: »

Is the fee asked for a 'admin' fee (say a few hundred)? Whilst annoying not the end of the world... Is the property freehold?

Thanks for your comment.

The developer asked me to send a cheque of £180 for the consent. They also asked me to send some drawings too (I guess it's for the porch, conservatory and side extension) but I don't know where and how to get these drawings.

When I queried further about this £180 fee, they said it was for their technical department, but what is the technical department to do with the building work?

The property is freehold, and that makes it more confusing to me...

CathA

We bought a repossession a few years ago and I read everything in the legal pack.
As I recall there was something in there about all extensions, conservatories, outbuildings and sheds requiring permission from the developers. The estate we'd bought the house on had been up for years.
The neighbours were taking down a lean to type thing and replacing it so I told then to check their paperwork. It was in theirs as well so they looked further into it. The building company were no longer in business, and looking over the estate there was hundreds of sheds, extensions and conservatories.
I bet you any money you like that no one had asked for permission for any of them.

BartyBoy

CathA wrote: »

I bet you any money you like that no one had asked for permission for any of them.

That is a very interesting information, thank you.

I briefly recall my purchase contract did say I will need a permission from the developer even just to put a satelite dish up on the front of the house. I am not a Sky TV fan so that condition doesn't bother me, but I now see 2-3 neighbours have installed a satelite dish at the front of their property. I really wonder if they did ask for permission and if their purchase contracts are different to mine.

Although a consent is common to new builds, I just cannot work it out why apart from giving the developer another chance to make more money from me after I have bought a house from them.