TP1

BlackwellC

I have planning permission granted which also includes an S106 agreement.  The planning is for a new house and extension to be built on the land I currently own.  I am looking to sell just part of my land to a developer who can then build the house.   However, the title deed mentions restrictive covenants and when I refer to the TR1, it has a list of restrictions apposed to me when I purchased the the ex-council property in 2004.  If I sell part of the land then does the restrictive covenant clauses in the TR1 transfer to the new owner to that section of the land and therefore can't build on that part of the land? When selling part of the land, I understand that a TP1 (transfer part title) is completed but does this then link to the restrictions in the TR1?  To be clearer the restrictions say other than the single dwelling nothing can be built on the land. However, prior to applying for full planing permission, I did apply for driveway and drop curb and was told by council to have the permission from the council to allow cars on my property.  I did this and they approved by relaxing the clause that says you can't park vehicles.  But, as I am now selling part of the land then does the other restrictions apply to new purchaser or do they stay with me, as the new buyer was not party to the TR1?  If they are to be transferred then what is the advice. I.e. should I apply now to the council for the restrictive covenants to be relaxed to enable a new buyer to build or is that their responsibility?  IF I have to do this then do you know what the likely cost will be will be to relax the covenants?

davidmcn

If the existing title says you're not allowed to build the new house, then any buyer will expect you to have sorted that out with the council before taking it any further. You should really have checked the title before bothering to apply for planning, but you are where you are.

bucksbloke

Planning and title restrictions are two different things. Just because you have permission to build it from planning does not mean that you have consent from the original landowner to do so. Any builder will expect you to have resolved this first. 

notrouble

BlackwellC said:

I have planning permission granted which also includes an S106 agreement.  The planning is for a new house and extension to be built on the land I currently own.  I am looking to sell just part of my land to a developer who can then build the house.   However, the title deed mentions restrictive covenants and when I refer to the TR1, it has a list of restrictions apposed to me when I purchased the the ex-council property in 2004.  If I sell part of the land then does the restrictive covenant clauses in the TR1 transfer to the new owner to that section of the land and therefore can't build on that part of the land?

Yes.

Planning consent is totally separate from a covenant in the Title. Consent for both may be required from the council, but different departments, different processes, different consents.....

"as I am now selling part of the land then does the other restrictions apply to new purchaser or do they stay with me" They stay with the property, so apply to the new purchaser.