Barratt homes covenants 1997

kasqueak

Just looking for some advice. There is an outstanding query which is now holding up our house purchase. 

Solicitor can’t get an answer from the vendors solicitor as they’re selling as ‘limited title guarantee’ so not sure where we can go from here as time running out for exchange. 

The house was built in 1997 by Barratt homes and there is a number of restricted covenants that are for an indefinite number of years. 

One of them regards alterations to the property, it says no alterations can happen without approval from the transferor. But many of the houses in the road have had extensions, conservatories etc. My solicitor also says Barratt homes has since been incorporated. 

After chatting to one of the neighbours who has an extension she said she never sought any permissions as she was under the impression they only applied when it was still a new build site. 

We’re hoping to extend the property. How likely is this to be an issue, also can this query be satisfied by Barratt themselves? 

This is the query raised by my solicitor: 

“ As per the 3rd Schedule clause 6 of the Transfer dated 3/12/1997, the property can not be added to or altered in any way without the consent of the transferor. The transferor of the title is Barratt Homes Limited but it was incorporated in 2018, please confirm who would be approached for alterations”

Feel like we’re no getting anywhere and this one query (and the vendors solicitor) is now the only delay in a long purchase process!

Anyone bought a home with similar Barratt covenants who can advise?

Thanks in advance!

davidmcn

kasqueak said:

“ As per the 3rd Schedule clause 6 of the Transfer dated 3/12/1997, the property can not be added to or altered in any way without the consent of the transferor. The transferor of the title is Barratt Homes Limited but it was incorporated in 2018, please confirm who would be approached for alterations”

It would be the company which was named Barratt Homes Limited at the time i.e. the one now called BDW Trading Limited (which is just another member of the Barratt group):
https://beta.companieshouse.gov.uk/company/03018173
The solicitors ought to be able to figure this out!

ic

I'm in the process of buying a leasehold house which we will want to extend, and it has a similar covenant.  I asked my solicitor about it, and their answer was:

...if you go ahead with any works, you can obtain an Indemnity Policy 12 months after the works are completed in the event that any successor in title to the freeholder came along and took action against you.  This is highly unlikely but it is worth protecting against this risk and it is something that would need to be dealt with on any resale of the property. 

kasqueak

ic said:

I'm in the process of buying a leasehold house which we will want to extend, and it has a similar covenant.  I asked my solicitor about it, and their answer was:

...if you go ahead with any works, you can obtain an Indemnity Policy 12 months after the works are completed in the event that any successor in title to the freeholder came along and took action against you.  This is highly unlikely but it is worth protecting against this risk and it is something that would need to be dealt with on any resale of the property. 

This is a freehold house I’m buying so not sure if the same would apply. I’ll ask my solicitor. Thanks

kasqueak

davidmcn said:

kasqueak said:

“ As per the 3rd Schedule clause 6 of the Transfer dated 3/12/1997, the property can not be added to or altered in any way without the consent of the transferor. The transferor of the title is Barratt Homes Limited but it was incorporated in 2018, please confirm who would be approached for alterations”

It would be the company which was named Barratt Homes Limited at the time i.e. the one now called BDW Trading Limited (which is just another member of the Barratt group):
https://beta.companieshouse.gov.uk/company/03018173
The solicitors ought to be able to figure this out!

You’d think so would you! 

I found the same information on google but my solicitor seems to insist answers must come from the vendors solicitor. But as they’re selling it as LTG every query has been answered with “seller has limited knowledge of the property so cannot answer”. 

I’m just not sure if we would need to apply for any permission for alterations. No other neighbours seem to have done. It’s just this one query holding things up now. 

Thanks for your help