Covenant on an ex council house

KatieMossman

Hi

We are close to exchange and have got the draft contract through. In it it warns that the house has a covenant for extension put on it and any extension will need an application to the local authority.

The house is a 1930's build and was bought from the council in the 80s- it has already had a small 1 storey extension. All houses on the street are the same and many have had extensions out the back- do we need to worry? We don't have any immediate plans to extend but would like it to be an option.

AnotherJoe

There's no way of knowing without getting planning permission from the council, which presumably is the position you'd be in anyway, on any house, unless it was a very small extension?

It would seem from other houses nearby this is unlikely to be a problem, so other than buying a house with planning permission in place for the exact extension you'd like to add, it seems unlikely to me you could do better

davidmcn

Title covenants and planning are different matters (even if they both happen to involve the council). But as it doesn't seem to be an issue for the neighbours I don't see a reason to worry.

AnotherJoe

davidmcn wrote: »

Title covenants and planning are different matters (even if they both happen to involve the council). But as it doesn't seem to be an issue for the neighbours I don't see a reason to worry.

They are, but since OP would need to approach council to get covenant waived,and since the most likely response would be "depends what you are planning to build and if you have permission" (because there are others there already so it seems they do waive) , then PP would be the logical first step. No point getting a "yes" to the covenant and then finding the actual extension you wanted wasn't allowed anyway.

KatieMossman

OK- so essential it is just an extra step in the process because of the history of the house. Thanks!

KatieMossman

From what I can see on the council planning website the only plans refused are for additional two story buildings at the end of the garden and double storey extensions spanning the length of the house. However part single and part double have been accepted twice in the past year.