Restrictive covenants - enforceability?

lola2212

Hi - so basically I live in a new build and want to convert the garage, a neighbour gained permission but the developer has refused permission to me saying their permission was an error. 

How enforceable would the covenant be in court? We have two parking spaces on our plot plus the garage so obviously would lose the garage parking (which doesn’t fit a car in anyway ha) so would still leave us with two spaces. 

They have said anyone that breaks the covenant would be taken to court - I want to know if it would actually be enforceable and does anyone know the law on this? 

AliceBanned

Well it's not in the developer's favour that there is a precedent, whether permission was in error or not. Are you just taking that at the developer's word?  You could contact your local planning department to ask about the restrictive covenant and the law, don't just believe what the developer is saying. I don't see why they would have such a covenant anyway. 

davidmcn

AliceBanned said:

You could contact your local planning department to ask about the restrictive covenant and the law

It's got nothing to do with the planning department - they only deal with (as the name suggests!) planning.

Alter_ego

Often this type of covenant is time limited. It keeps the estate looking as the developer wants until all properties are sold. Developers usually lose interest after that. Ours are for 5yrs (next July-hooray!)

lola2212

They are on site for a further 2 years and we have been here for 1 year. The developer said then when the council adopt the road they will check what permission was given and if what the developer hands over is different it could cost them money. 

Should I contact the council? We are planning to do the work as we desperately now need the space but I’m just crossing my fingers that either nobody notices before the developer leaves site or if they do that the covenant isn’t enforacble in court. 

The neighbour had written permission for the exact same conversion and work has been completed and is in keeping with the current design which is what we plan to do. 

If I ask the council will I draw attention to our plot?! That’s what’s worrying me 

davidmcn

lola2212 said:

If I ask the council will I draw attention to our plot?! That’s what’s worrying me 

Like I said, the covenant has nothing to do with the council. The council deals with planning permission, and building regulations. Either or both of which you may also need to deal with, depending on exactly what you're doing.

lola2212

davidmcn said:

lola2212 said:

If I ask the council will I draw attention to our plot?! That’s what’s worrying me 

Like I said, the covenant has nothing to do with the council. The council deals with planning permission, and building regulations. Either or both of which you may also need to deal with, depending on exactly what you're doing.

Thanks - I was planning on asking them about the planning permission they have granted to the developer to see how many parking spaces were given to our plot and that way work out if losing the garage would impact that permission 

AliceBanned

AliceBanned said:

Well it's not in the developer's favour that there is a precedent, whether permission was in error or not. Are you just taking that at the developer's word?  You could contact your local planning department to ask about the restrictive covenant and the law, don't just believe what the developer is saying. I don't see why they would have such a covenant anyway. 

davidmcn said:

AliceBanned said:

You could contact your local planning department to ask about the restrictive covenant and the law

It's got nothing to do with the planning department - they only deal with (as the name suggests!) planning.

I work for a local authority including the planning dept, and know for certain that the planning department will have knowledge of this and can advise. A conversion is a planning matter, however small. 

Alter_ego

AliceBanned

I work for a local authority including the planning dept, and know for certain that the planning department will have knowledge of this and can advise. A conversion is a planning matter, however small. 

Didn't you notice that the OP asked about a COVENANT?  It's nothing to do with the council

Slithery

AliceBanned said:

A conversion is a planning matter, however small. 

But a covenant isn't, and that's what the OP is asking about.

davidmcn

AliceBanned said:

AliceBanned said:

Well it's not in the developer's favour that there is a precedent, whether permission was in error or not. Are you just taking that at the developer's word?  You could contact your local planning department to ask about the restrictive covenant and the law, don't just believe what the developer is saying. I don't see why they would have such a covenant anyway. 

davidmcn said:

AliceBanned said:

You could contact your local planning department to ask about the restrictive covenant and the law

It's got nothing to do with the planning department - they only deal with (as the name suggests!) planning.

I work for a local authority including the planning dept, and know for certain that the planning department will have knowledge of this and can advise. A conversion is a planning matter, however small. 

Well, they might find somebody in the council who understands covenants, but it's really not the job of the planning department to give out conveyancing advice and I'd be surprised if any of them would readily do so. The council would only be interested if they happened to be the beneficiary of the covenant.