Covenants

Section62

star133 said:

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 😊

Which people?  Architect, Builder??

If so then it isn't really any of their concern.  If the covenant is breached then it would be you in trouble, not the architect/builder etc.  I can't think of any other professional involved in a building project who would need this confirmed in a solicitor's letter...  unless there was something like grant funding and the funding body wanted confirmation.

star133

Thankyou CSI Yorkshire 😊

I’m sure the solicitor will advise similar I just wanted to confirm that what I thought was the case and we don’t necessarily need to engage in a lengthy process of having a covenant removed which I’m aware can take years. ( and costly ) 

this is such all such a  headache 

FreeBear

star133 said:

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.

As the home owner, it would be you that would suffer the consequences of any covenant (or planning) breach. But you have these two covered already, so your contractors need not concern themselves with the covenants - Indeed, would they have known about the restriction if your neighbour hadn't said anything that prompted you to look ?

star133

Freebear -
they wouldn’t of had a clue in all honesty.
But this particular building work does involve the local council/NHS for the adaptations needed for my disabled child so I understand why they want to make sure we are covered before undertaking the work and then potentially having issues.

star133

Section 62 - as I have written above other bodies are involved with this particular conversion. So I do understand why they need it in writing before going ahead.