Consent fees on restrictive covenants - City and Country Ltd

milliellen

I have a restrictive convenant in my Transfer Deeds that require me to seek permission from the original developer for any external alterations.  I have written to them to seek permission before I commence work (single storey rear extension) and they are going charge me £1,800 to provide consent!  Other neighnouring properties have previously sought permission and paid £250 admistration fee.  When I question the developers fee he quite openly says that the covenant is there for him to make a profit.  There is no basis to the fee except how much money he wants to make from me, 'Take it or leave it'.  This seems extortionate.  Is there no limit to what they can charge (the amount of fee payable is not expressed in the covenant)?

princeofpounds

It depends on precisely what you are proposing, and what the lease says they can ask for. 

https://www.lease-advice.org/article/consent-to-alterations-improvements-in-a-leasehold-property-what-charges-can-be-justified/

I assume you are a house, i.e. you are extending onto land that is already demised within the lease? Then it's probable that the freeholder cannot charge a premium, and can only charge a reasonable administration fee. The fee they propose is clearly not reasonable, and therefore you could challenge this at tribunal.

Slithery

princeofpounds said:

It depends on precisely what you are proposing, and what the lease says they can ask for. 

https://www.lease-advice.org/article/consent-to-alterations-improvements-in-a-leasehold-property-what-charges-can-be-justified/

I assume you are a house, i.e. you are extending onto land that is already demised within the lease? Then it's probable that the freeholder cannot charge a premium, and can only charge a reasonable administration fee. The fee they propose is clearly not reasonable, and therefore you could challenge this at tribunal.

The OP hasn't mentioned that this is a leasehold?

milliellen

Thanks for the reply.  Yes its a detached house, i am the freeholder on a development built 20 years ago. The rear extension I want is smaller to those that the developer has already provided consent and cannot be seen from anybody else in the development.  They havent questioned what I want to build, its purely how much they want to charge/how much they think I will pay for the comsent.  Can they charge a premium other than a administration fee?

princeofpounds

Argh thanks, could have sworn I read leasehold. OK, this is a freehold with a covenant. My bad, sorry. Ignore my last post.