Covenants

kevineaton77

It's not listed and not in a conservation area

G_M

You keep asking.

But until it is clear what the covenant/document/restriction etc is, it is hard to answer.

That's why the terminology matters.

'Notice of Consent' suggests it relates to a planning application. Much more detail of the application needed. Was it perhaps an application to build the property from scratch? With restrictions on what could/couldn't and must/mustn't be done?

Hoploz

These are not covenants but planning conditions. What did the person from the council say? It would presumably depend on the exact wording of the condition, whether it states that no further alterations can be done without applying for planning permission, or whether it simply states that no alterations can be made in future at all.

There are planning restrictions on my house. Tbh I can't remember whether my solicitor flagged these to me during conveyancing or not, because I was already aware, having read all the documents about the property beforehand.

I would expect them to mention it but in your case it's possible they missed it as the documents are so old they probably didn't think it was worth reading.

kevineaton77

Ok. The council calls them covenants. They are the result of previous planning applications to extend the property, from 1960 and the 1980 which were granted but with restrictions

kevineaton77

The guy from the council couldn't actually believe that there was a restriction preventing me from raising the chimney

kevineaton77

The main one I have an issue with is the one on the 1980 extention which says I cannot alter the external appearance of the extention. I want to raise the chimney so that it complies with building regs. It currently is about 10cm above the eaves of the extention and doesn't draw enough air without being assisted by a fan. I may also wish to brick up several side windows or fit shutters to reduce the road noise.

kevineaton77

I've been told that I either have to apply for planning permission for each alteration or try and get the covenants removed (a secton 72 I think it's called). There's obviously a cost to this

kevineaton77

All I'm really after is an opinion as to if there is any point going back to the solicitor to say...how come this is a surprise and how come you didn't send me these documents? If it's not in their remit to do so then there's no point, but if it is then they haven't done their job proprely. They weren't cheap either

G_M

No point.

His job is to ensure the property as it is complies, so he would have checked that planning consent was obtained for the alterations. But would not have gone into the detail provided it did comply.

Anyone making alterations to their property needs to obtain Planning Consent, and you are no different. If you bought a property intending to make changes, you should hae checked those changes would receive consent or were likely to receive consent.

If you decided on the changes after uying, then, like anyone else, you need to approach the council and find out what you can/can't do.

HouseBuyer77

I've been told that I either have to apply for planning permission for each alteration or try and get the covenants removed (a secton 72 I think it's called). There's obviously a cost to this

Will it be that much of a cost though? If the council find a restriction to raise the height of the chimney very surprising for example chances are the planning application will just go straight through.

As for whether your solicitor should have made you aware I guess it depends if you could reasonably expect them to have gone over the paperwork. I suspect that for extensions and such they check planning permission was in place but don't go over the details of the applications (for one thing they've never seen the property so couldn't verify what was given permission is what was built).