Restrictive covenants clause being used to remove cctv cameras

11052016_user

dc197 wrote: »

Regarding moving them indoors.
Do the cameras have active infra red night vision? If so installing them indoors looking through the glass windows might not work. The IR seems to reflect really well and all you can see at night is a grey glow. I tried this with mine.

Agreed, they will not work well behind glass windows due to infra red glare. I will be installing smaller cameras and will house them inside existing fittings on the house.

rtho782

This is why I'd never buy a new build

smjxm09

I take it then that no one is allowed to install a satellite dish?

AdrianC

smjxm09 wrote: »

I take it then that no one is allowed to install a satellite dish?

Correct.

And which, of course, they would have known before exchanging contracts...

11052016_user

smjxm09 wrote: »

I take it then that no one is allowed to install a satellite dish?

No forward facing sky dishes... Developers reserve the right as use it when they get a complaint it would seem. Lesson learnt when it comes to new builds.

tlc678910

Hi,
I hope you don't take offence at me saying so but I think there are better ways of handling your predicament. Do your properties ever have a meeting or a residents panel or anything where you could propose a security system that other residents have input into and have agreed to.

You mention that your property is surrounded by communal land that anyone can cross - is there a path running past your front door so that people legitimately walk past to get to other properties or somewhere else.

One reason that someone might have complained is that they have genuine concerns that you are filming their comings and goings and "spying on them" It might seem barmy to you but it is possible that someone feels that way. Some people love a drama and some are just plain paranoid. (they don't want to see the footage of the back of your van they want to believe in the drama).

You have already had indications that someone has said you are "filming their children" so I would strongly suggest that you do not replace your system with a covert one as you are likely to get much more accusations of "spying" "being a weirdo" and worse. It is not hard to predict that secret filming from this point could easily lead to some very serious accusations and the police rather than the developers on your door step. This could have horrible implications for your wellbeing and your job. Don't do it. If you want CCTV find out what the proper channels are to apply for it for your property or the block and follow them.

If CCTV is essential for you then yes perhaps you should consider a move if possible so that you can film only your private front door and your private drive.

Tlc

I agree with you that no-one is probably that bothered about the covenants. The neighbors don't want to be filmed and the covenants are being used as the easiest way to get them taken down. If someone has a bee in their bonnet the next step (with covert cameras) will be the police. You would probably know but I would have thought that covert cameras in a public place are illegal (or at least require special licences from the police/court or something). I thought you had to have signs warning people they are being recorded on CCTV.

https://ico.org.uk/for-the-public/cctv/ Information Commissioners Office
"The CCTV operator must let people know they are using CCTV. Signs are the most usual way of doing this. The signs must be clearly visible and readable, and should include the details of the organisation operating the system if not obvious."

"If your camera covers, even partially, any areas beyond the boundaries of your property, such as neighbouring gardens or the street, then it will no longer be exempt from the Data Protection Act (DPA) under the domestic purposes exemption. This does not mean that you are breaching the DPA but it does mean that you might need to take some steps to comply with it."

i.e. signs - If you use covert cameras you will be breaking the law

"If you cannot rely on the domestic purposes exemption, you will need to register with us (Information Commissioner's Office) as a data controller"

Derboy

tlc678910 wrote: »

i.e. signs - If you use covert cameras you will be breaking the law

This only applies if he is filming areas outside of his own property. No signage is required otherwise. So if his van is on his driveway then there's no need to inform anyone.

The issue at hand is the covenant and deploying cameras that "do not change the property" solves the problem.

I would look into the wording of the covenant - are burglar alarm bellboxes or hanging flower baskets not allowed either. To suggest that a CCTV camera is "altering the look of the property" is a stretch in terms of the intention of the covenant (which is really in place to make sure you don't decide to paint your house luminous pink etc)

sheramber

The OP hasn't said where his van is parked and has also said

My property is surrounded by common grounds where anyone can walk & a communal carpark at rear therefore the cameras could view people if they crossed the path of the cameras. The cameras are zoomed & focused to only view my van & front door although a small amount of surrounding area is also viewed, this would be nessasary to see anyone committing a crime and understandably could be of concern of my neighbours.

Derboy

Fair enough. Apologies.

Still doesn't address the covenant though. There's two different issues here.

11052016_user

Thanks for your replys, yes i agree that a covert approach may attract some serious unwanted trouble. I'm considering fitting smaller camers but in more discreet locations.

Outside my front door is a step then a 2x1meter strip of tarmac which is my land although anyone can walk over it. So if i conseal a new camera by my porch shelter roof looking at the door and small strip of my land this should be ok as its only viewing my property & in theory no one should cross my land although this does not bother me as its a patheticly small area.

The rear camera was only viewing my designated parking space which may also be my land but unsure at present. This parking space is right next to my propertys external wall so once again it should not really view anyone but myself.

Thoughts???