Covenants

CSI_Yorkshire

star133 said:

The Covenant is in my opinion somewhat vague , it doesn’t directly state that you cannot change the garage. ( I could of course be over thinking this but it doesn’t state it anywhere ) 

"To only use the garage for the housing of a private vehicle and domestic storage."

Change it how you like, but if you use it for anything other than housing a private vehicle or domestic storage then you breach that Covenant.

It's nothing to do with planning.  It's nothing to do with any of the professionals who have been helping with the design.  It's nothing to do with the Council involvement in the project.

It is a simple statement that you have agreed you will comply with by buying the house.  You have now decided that you will not comply with the agreement.

The only thing that matters now is do you think that the developer will appear to enforce your compliance with the agreement.

If you sell, you will be asked whether you have complied with all the covenants, and you will have to say "no" - which normally results in needing to buy indemnity against the developer turning up to enforce against the new owner.

This isn't an unusual situation though - happens all over the place all the time and is almost never a problem.

star133

I guess my big question is how likely are they to say no?

ThisIsWeird

In the 13 years that these houses have been built, has no-one else converted their garage? Any other earlier or later developments by the same company in your 'hood? Any of these with garage conversions?

I don't think anyone can realistically suggest what the chances are of the developer taking action. I'm going to sit on a very broad fence and just say 'unlikely'. So that's pretty meaningless

I'm pretty sure the developers themselves do not care a jot any more. But there's always the remote risk that one disgruntled cage-rattler will make such a nuisance of themselves to the developer, shouting "developer's covenants are a sham!" that they might feel inclined to act. But I very much doubt it.

Good point by Yorkshire - very likely you'll require an indemnity policy when you sell, but these are cheap and pretty standard these days.

star133

Thankyou everyone 

I have had some further advice and I have now submitted an email directly to the original builders of the development. 

We can’t not inform due to the work which needs doing.
I will keep you posted if the outcome 🙂

star133

Update -

the developer has no issues !

what a quick response 😃

Flugelhorn

star133 said:

Update -

the developer has no issues !

what a quick response 😃

excellent result!

Section62

star133 said:

Update -

the developer has no issues !

what a quick response 😃

Make sure you keep a paper copy of the response with your other 'house' related stuff.  A solicitor (the buyer's or yours) is bound to ask about the developer's consent when you come to sell.  By then you may forget where you saved the email, or no longer have access to it.

star133

Thanks section 62 , I have saved it and they are also sending a hard copy in the post 😊

star133

So we have the formal written consent from the developers ( beneficiaries of the covenant ) the people working on behalf of me now want a solicitor to write a formal write a letter stating that this is fine. Yesterday on the phone the solicitor didn’t see any issues with commencing building work once the planning permission was in and would consult with another solicitor to make sure the advice she is giving me he is in agreement with. 

To anyone’s knowledge before I get told that I now need to spend a crazy amount of money unnecessarily ( I don’t want to be conned into something that doesn’t necessarily need doing ) do I have to legally get the covenants lifted or is the letter of consent enough legally to crack on.

I hope this makes sense , I know there are some legal Eagles on here who may know 😊

CSI_Yorkshire

There's a difference between "getting permission for this particular activity" and "removing the covenants".

You have the first, and that is good enough for what you need.

Getting the second to happen is a bigger thing and you don't need it.