Restrictive Covenants with New Build

stumpygibbon

I'm in the process of buying a David Wilson new build with my partner. We've just received the contract and there's a few more restrictive covenants than they originally mentioned when we reserved the plot. There's only two that I'm not super happy about, but we've been told we can't have them taken out. One is that we can't ever change the front of the property/drive, and the other is we have to keep the plants they put on our property, again forever. I'd understand if these were for the years they're still building, but it seems odd that its forever. 

To be honest, this is not enough to put us off, I just wanted opinions on if this is unusual or normal for developments, and if anyone will really care if in 10 years time we change a lavender bush outside. 

theoretica

Where do they get immortal plants from?

tinytiddles

I get the bit about not changing the front, developers and local authorities seem to be fixated on preserving the street scene of new developments. Ours has this in the deeds, it doesn’t bother me especially but I do wonder how long it will be after the developer clears off for someone to do something to their house. 

As for the plants, as the previous poster has said, plants don’t last forever anyway and surely as long as you don’t plant huge triffids it shouldn’t matter. I’d definitely be pushing back on that if we had that in ours. 

stumpygibbon

theoretica said:

Where do they get immortal plants from?

Bizarrely the contract implies that we've got to replace them with the same if they die. There's other points which have time limits of 5 years, but these 2 don't

stumpygibbon

tinytiddles said:

I get the bit about not changing the front, developers and local authorities seem to be fixated on preserving the street scene of new developments. Ours has this in the deeds, it doesn’t bother me especially but I do wonder how long it will be after the developer clears off for someone to do something to their house. 

As for the plants, as the previous poster has said, plants don’t last forever anyway and surely as long as you don’t plant huge triffids it shouldn’t matter. I’d definitely be pushing back on that if we had that in ours. 

Thank you, its reassuring that at least part of this is normal. I'm probably overthinking this, I don't have any plans to change the front anyway, think I was just surprised to see it in there. 

I'll ask the developers again about the plants, glad other people think that bit's stupid too!

Thrugelmir

Once the development is complete then the builders aren't going to care. Though your neighbours might complain if you build a fence or wall, 

flashg67

Are they really going to have plant inspectors doing spot checks - I'd doubt it - sounds crazy IMHO.  What can't you change at the front - on my last estate, people had to change doors, garage doors etc after a few years, particularly as the ones fitted were the cheapest ugliest things the builders could find I think

secla

covenants more than likely held by the builders so they will be the only ones who can enforce and there not likely to once they have left site, Our estate had similar covenants plus no satellite dishs on front of the house etc. but no one had really stuck to them

peterhjohnson

stumpygibbon said:

Bizarrely the contract implies that we've got to replace them with the same if they die. 

Replacing plants like for like may be impractical because of replant disease see https://www.rhs.org.uk/advice/profile?pid=572

nyermen

"To be honest, this is not enough to put us off"
But it might put off future buyers, worth a moments thought, depending on your "forever home" plans.

Alan2020

Keeping plants the same is a sensible thing and probably put in by the council. You get two grades of stupidity 
Too many people rip out plants making the place like the surface of the moon and air quality suffers.
Then you have people planting leylandii because it’s cheap resulting in neighbours disputes and subsidence.

I can see why town planners take control of this. We have a cherry tree Avenue with only cherry trees in a front gardens, imagine if a few people decided to pour over concrete or plant a leylandii, concrete avenue or leylandii avenue might be the new name.

on the bright side, you know exactly what your home will look like in the future.