Developer's consent on a new build

BartyBoy

Just thought to give an update to my thread.

I have now managed to find my copy of the contract for sale. Under the 'Covenants by the Transferee' section, the developer wrote:

"Not to erect any building or structure on the property nor to erect or make any extension or alteration to the exterior of the dwelling thereon without having first obtained:

1. the consent of the local authority under the Town and Country Planning Acts and Building Regulations for the time being in force and

2. the consent of the relevant local authority or statutory undertaker within whose area the same is located in respect of land within three metres measured horizontally from the centre line of an adopted or adoptable sewer and

3. the approval of the Transferor to the plans elevations and specification of any such building structure extension or alteration to be carried out within five years of the date hereof (the application for approval to be accompanied by the appropriate fee set from time to time by the Transferor in respect of such application)"

Does that mean I don't need the approval from the developer after living at the property for 5 years?

Many thanks

rtho782

This is common by developers on new build estates, it's purely rent seeking - they just want money - once they have left site they don't give a damn and just want their pound of flesh.

You can just ignore it, but when you come to sell the buyers solicitors will ask for evidence of consent in accordance with the covenant.

New build developers should burn in hell imho.

BartyBoy

rtho782 wrote: »

...it's purely rent seeking - they just want money - once they have left site they don't give a damn and just want their pound of flesh... New build developers should burn in hell imho.

Hello and thanks for your comment.

I do agree with you that it's just another way for a developer to make more money out of me. It's a freehold property, the developer doesn't own the land and the property, I cannot see what it has to do with them when it comes to building a front porch and a conservatory.

rtho782

Exactly. We put a reservation fee down on a Taylor Wimpey new build and pulled out in the end. We needed consent for a sat dish, we were told we could not build a conservatory at all until they had left site which would be in ~10 years, we were not even allowed to change the colour of our front door from the horrible green they were going to paint it.

Oh, and they were going to charge us £180 a year as an "estate charge" to cut the grass verges, look after the balancing pond (a muddy pit dug over the other side of the site to prevent flooding) and maintain the road, which they were not getting adopted by the council so that they could charge us to maintain it.

We spoke to friends in newbuilds and looked into it - as a freeholder you have no right to challenge these charges or take over the maintenance like a leaseholder does, and they can put them up whenever they like. If the director of the management company decides to pay his brother £10,000 an hour to cut the grass, it gets recharged to you. And on other sites, these fees have doubled every year.

You can see why we pulled out!!!

BartyBoy

rtho782 wrote: »

Exactly. We put a reservation fee down on a Taylor Wimpey new build and pulled out in the end...

Mine was built by Taylor Wimpey too