ex-council - restrictive covenants - what to do?

aoleks

Hi all,

New to this forum.

We are very close to exchanging on an ex-council house and in all fairness, I was expecting some restrictive covenants. It comes with potentially every restriction possible, from not running a business, not selling alcohol, not holding an auction, not having an aerial etc. The only one that bothers us and is a bit of a deal breaker is the following:

2. Not to make any structural alternations in or additions to the buildings erected on the property without the prior written consent of the Council and in the event of such consent being obtained to comply with all conditions imposed in such consent and to carry out all works to the satisfaction of the Council

We want to extend at the rear (nothing crazy, permitted development, 3-4m max) and not being able to do this is a deal breaker. Would it be fair to assume that since the clause mentions permission must be sought before modifying, that there is a reasonable expectation that the council will grant it, especially for something that doesn't normally require planning permission? I don't mind paying, even if it costs thousands, as long as I know I will be allowed to extend.

House is otherwise perfect and extremely good value for money, just not large enough for our lifestyle (party/entertainment/cooking).

Do I exchange or do I look elsewhere? Runnymede Borough Council, if it makes a difference...

user1977

It's a pretty standard condition and I doubt it will pose any difficulties in practice. I mean, why would the council care if their planning and building control departments are happy?

Isn't your solicitor offering any advice?

wilfred30

Can you find out if any of the other houses on the street have been extended as they are presumably also ex-Council?

If not, maybe you could phone the Council and explain your situation as I'm sure they'll know whether permission is likely to be granted or not.

dimbo61

My sister bought a 20 year old house on an estate with NO permitted development 
She had to apply for planning permission to do alterations to the house 
Had professional plans drawn up and submitted.
Plans approved and PP granted.
Nothing to worry about unless you want to build something Huge and out of character

AFF8879

I would think this condition is negligible, then again I’m not qualified in this area (!). It would be in the council’s own interests for properties in their area to be improved, unless you wanted to massively extend to the point of the council needed to consider additional local infrastructure- which you’ve already said isn’t the case- I can’t see why they would refuse.

You may find you need to pay some kind of application/consent fee however.

Bluebell1000

We have a very similar covenant  (Lincoln council). We wrote a letter asking for permission, they wrote back saying yes. No cost involved. We got permission when replacing the garage and shed,  and also for an extension later (which also needed planning permission and buildings regs compliance). 

Section62

AFF8879 said:

It would be in the council’s own interests for properties in their area to be improved, unless you wanted to massively extend to the point of the council needed to consider additional local infrastructure- which you’ve already said isn’t the case- I can’t see why they would refuse.

Unless the modification resulted in an increased council-tax banding, the council has nothing to gain from properties in the area being improved by structural additions to or alterations made inside.

But as they might be the owner of the neighbouring properties, alterations or additions could have a negative impact on the value of their asset.

Hence the frequent inclusion of a covenant to this effect - so, for example, they could stop an overshadowing extension being built which would otherwise be permitted development.

aoleks

Isn't your solicitor offering any advice?

The solicitor said that the title is good and marketable and made a note in the report that if I want to extend (I highlighted our plans), I just need to obtain permission from the council first, which is factually correct. It's obviously no guarantee I'll be granted permission.

Can you find out if any of the other houses on the street have been extended as they are presumably also ex-Council?
If not, maybe you could phone the Council and explain your situation as I'm sure they'll know whether permission is likely to be granted or not.

I have seen a few properties with a rear extension, so unless they all break the covenant, I guess it is possible to obtain permission. I'm hoping there's consistency and it won't matter that one house is mid-terrace and the other end-of-terrace.

Unless the modification resulted in an increased council-tax banding, the council has nothing to gain from properties in the area being improved by structural additions to or alterations made inside.

Debatable. A neighbourhood where people own their houses and have money to build extensions and maintain the appearance of their properties is more desirable, tends to be cleaner and tends to be more expensive. I don't want to be exaggerating and nothing against council estates, otherwise I wouldn't move in one, but generally speaking, nicer areas are... nicer than council ones. Why would a council not benefit from as many of these areas as possible? Not to mention that if they're private, they need to pay less in maintenance etc.

We have a very similar covenant  (Lincoln council). We wrote a letter asking for permission, they wrote back saying yes. No cost involved. We got permission when replacing the garage and shed,  and also for an extension later (which also needed planning permission and buildings regs compliance).

Very reassuring, thank you. I'm trying to get in touch with the council, but it's a pain.

Section62

aoleks said:

Debatable. A neighbourhood where people own their houses and have money to build extensions and maintain the appearance of their properties is more desirable, tends to be cleaner and tends to be more expensive. I don't want to be exaggerating and nothing against council estates, otherwise I wouldn't move in one, but generally speaking, nicer areas are... nicer than council ones. Why would a council not benefit from as many of these areas as possible? Not to mention that if they're private, they need to pay less in maintenance etc.

That would be 'gentrification'.

Gentrification might mean people having money to make home improvements.  But not all home improvements lead to gentrification.  Cause and effect.


What tangible benefit do you think a council would get (other than council tax banding changes) from gentrification of an area?

They don't intentionally cut the grass, pick up litter, remove graffiti, fill potholes etc etc any more or less depending on the spending power of the locals. Or if anything, a greater propensity to complain about faults in well-to-do areas leads to more responsive maintenance work, and hence greater costs to the council.

Jude57

@aoleks if you have no luck speaking to the appropriate people at the Council, email the local Councillor for the ward the property is in and ask them to help. They can literally (social distancing permitting) walk up to the desk of the responsible person and ask them on your behalf. The Councillor may also know how likely the Council are to grant the permission you're seeking.

The usual caveat of getting permission in writing before spending money still applies 😀