I have Broken a Covenant

agrinnall

Alter_ego wrote: »

Surely the Planning permission was granted by the same council that holds the covenant? Permission to break covenant implied?

See post #7.

davidmcn

Alter_ego wrote: »

Surely the Planning permission was granted by the same council that holds the covenant? Permission to break covenant implied?

No, local authorities can wear many hats - they are entitled to have different opinions depending on whether they are acting as planning authority, housing authority, roads authority, land owner, building control, etc.

Anyway, that argument's not going to satisfy the OP's buyer.

TBagpuss

An indemnity is likelyto be your best bet.

I think it is likely (but check the documents) that the transferor was the council, as you mention it is an ex council property.

Do you know how many (if any) of your neighbours homes are still owned by the council?

The most likely reason for the council to seek to eforce would be if they felt it afected neighbouring propeties which they own. If theey no longer own them, they are far less likely to want to get involved.

I think you ned to speak to your conveyancer before contacting the council to request retrospective consent, as this would give them notice of the breach which might mean that you can't then get indemnity insurance

jansus

TBagpuss wrote: »

An indemnity is likelyto be your best bet.

I think it is likely (but check the documents) that the transferor was the council, as you mention it is an ex council property.

Do you know how many (if any) of your neighbours homes are still owned by the council?

The most likely reason for the council to seek to eforce would be if they felt it afected neighbouring propeties which they own. If theey no longer own them, they are far less likely to want to get involved.

I think you ned to speak to your conveyancer before contacting the council to request retrospective consent, as this would give them notice of the breach which might mean that you can't then get indemnity insurance

Thanks for this, in the immediate area there are two houses still owned by the council the rest have been bought.
Unfortunately i had already emailed the council about this before i even realised i had broken a covenant, so i think i am stuffed

seven-day-weekend

If it is an extension to the original house, I do not think it is an 'additional building or structure' (that would be another house in the back garden, or a permanent garden office or similar).

That's my take on it ,having in a previous life worked in Town Planning, but I agree, ask the Council, I don't suppose they will find it a problem.

BJV

I would speak to them. We sold our house in Jan and yes my fault we had building regs done for a garage conversion but not planning permission. ( the builder told me he had yes I know my fault ).

I spoke to the local council and have to say they where amazing. The came out the next week and passed everything. As it had been done over 10 years before they checked various bits and then gave me the all ok.

Not saying that this will happen but don't try to hide it. Yes if you had not written to them an indemnity insurance would of been better but now you have the only option is to make it nice and easy and quick for them to say everything is fine.

Conversely there was a house a few doors down with a huge extension at the back. They tried to hide it then it went to court and they where ordered to take it down. Not for one second saying that this would happen but I think the fact that they tried to hide it really got on the councils nerves. Regardless of what I think most of the time they are human and people normally like to help people who are nice.

Really wish you luck.

jansus

seven-day-weekend wrote: »

If it is an extension to the original house, I do not think it is an 'additional building or structure' (that would be another house in the back garden, or a permanent garden office or similar).

That's my take on it ,having in a previous life worked in Town Planning, but I agree, ask the Council, I don't suppose they will find it a problem.

Thank you the covenant states " not to erect or place any additional building or erection or structure gate post wall fence hedge or any other partition on the property except in accordance with plans and specifications previously approved in writing by he transferor"

So i'm wondering if partition is the key word?

seven-day-weekend

jansus wrote: »

Thank you the covenant states " not to erect or place any additional building or erection or structure gate post wall fence hedge or any other partition on the property except in accordance with plans and specifications previously approved in writing by he transferor"

So i'm wondering if partition is the key word?

I'm not sure, I haven't worked in Planning since 2004, but it would appear to me to be saying the land must not be divided up nor another building or structure erected (I.e using some of the land for a separate dwelling).

Ask ths Council then you will know.

G_M

jansus wrote: »

Thank you the covenant states " not to erect or place any additional building or erection or structure gate post wall fence hedge or any other partition on the property except in accordance with plans and specifications previously approved in writing by he transferor"

So i'm wondering if partition is the key word?

No.

"except in accordance with plans and specifications previously approved" are the key words. You've erected something that was not in the peviously approved plans.

As several posters are encouraging you to contact the council, I refer you earnestly again to post 7.

Just because one poster had a good experience, with the council signing off his breach, does not mean that your council will sign off your breach.

jansus

Thanks everyone i have contacted my solicitor and are awaiting her advice.