PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

How buyers respond to restrictive covenants?

bobster2
bobster2 Posts: 444
First Anniversary First Post Name Dropper
Forumite
edited 22 November 2023 at 4:41PM in House buying, renting & selling
Not a question about how to deal with a restrictive covenant - a question about how a buyer is likely to react...
House has some very common restrictions - e.g. use only as a "private dwellinghouse" and no "business or trade" use without permission of the council (who were the original developer).
Potential buyer clearly wants to convert garage to run a business (with visiting clients). Think personal trainer, hairdresser, therapist - that sort of thing.
Is there much point in accepting an offer if they are likely to freak out when their solicitor takes them through the deeds? Worth showing them the convenants before accepting the offer (they might freak out later anyway when they meet their solicitor)? Obviously cannot give any advice on likelihood of enforcement etc.
I know experienced buyers take restrictive covenants in their stride. But is it worth entertaining an offer from someone who is planning what will be a major breach?

Comments

  • BJV
    BJV Posts: 2,535
    Name Dropper First Anniversary First Post Combo Breaker
    Forumite
    edited 22 November 2023 at 5:01PM
    What they do with their new house is up to them.

    Also, they may need planning permission depending on if the garage is facing the road, or adding windows etc.which I would assume would include an amendment to the covenant.
    Happiness, Health and Wealth in that order please!:A
  • loubel
    loubel Posts: 795
    Name Dropper First Anniversary First Post
    Forumite
    If you know the property won't suit their needs because of the covenants then be up front and tell them that. I wouldn't accept an offer from them without them confirming they will still buy if they cannot obtain consent to breach the covenants.
  • Section62
    Section62 Posts: 7,527
    First Anniversary First Post Name Dropper
    Forumite
    BJV said:
    What they do with their new house is up to them.

    Also, they may need planning permission depending on if the garage is facing the road, or adding windows etc.which I would assume would include an amendment to the covenant.
    Whether the garage is "facing the road" is irrelevant in terms of needing (or not) planning consent to convert it.
  • nicmyles
    nicmyles Posts: 264
    First Anniversary Name Dropper First Post
    Forumite
    edited 23 November 2023 at 11:04AM
    I think you should tell them up front and then they can take a view. I doubt their reaction will be any different if they learn the information down the line (as long as you don't communicate it in an alarmist way), and it could save you both a lot of time and effort if you tell them now.
  • BJV
    BJV Posts: 2,535
    Name Dropper First Anniversary First Post Combo Breaker
    Forumite
    Section62 said:
    BJV said:
    What they do with their new house is up to them.

    Also, they may need planning permission depending on if the garage is facing the road, or adding windows etc.which I would assume would include an amendment to the covenant.
    Whether the garage is "facing the road" is irrelevant in terms of needing (or not) planning consent to convert it.
    Unless the planning rules have changed when we converted our garage in our old house because the garage was facing the road and we wanted to put windows in, we needed planning permission.

    Permitted development covers most of it, but we needed planning in our local authority.
    Happiness, Health and Wealth in that order please!:A
  • user1977
    user1977 Posts: 13,377
    First Anniversary First Post Name Dropper Combo Breaker
    Forumite
    BJV said:
    Section62 said:
    BJV said:
    What they do with their new house is up to them.

    Also, they may need planning permission depending on if the garage is facing the road, or adding windows etc.which I would assume would include an amendment to the covenant.
    Whether the garage is "facing the road" is irrelevant in terms of needing (or not) planning consent to convert it.
    Unless the planning rules have changed when we converted our garage in our old house because the garage was facing the road and we wanted to put windows in, we needed planning permission.

    Permitted development covers most of it, but we needed planning in our local authority.
    We're talking more about planning for changing the use. That's still necessary even if you make no external alterations.
Meet your Ambassadors

Categories

  • All Categories
  • 341.8K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 234K Work, Benefits & Business
  • 606.2K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards