Buying a house and the kitchen extension done without proper Restrictive Covenant consent

Nospiders123

Hi

Hoping to get some advise here. 
I am close to completing on a purchase and the enquires have come back to say that the kitchen extension done to the front of the building in 2019 does not have restrictive Covenant Consent.
(Slightly annoyed that the enquires came back so late. Not sure if this is the norm.) 
 The seller has offered to provide an indemnity policy which covers various things but obviously doesn't rectify the problem.  I like the property and want to proceed and also want to adjust my price based on the enquiry finding.  Does this seem reasonable and what percentage reduction would seem reasonable. 

Does such a breech generally affect the property price or resell-ability?

The survey has also flagged a few issues like damaging in chimney stacks, leak in garage and leak in shower room that I think should affect my price. 
Again not sure what price reduction for those issies would be seen as ok or too cheeky etc. 
The seller is chain free so not sure if this will affect his willingness to re- negotiate.
Sorry new to this property purchasing thing and want to be careful.  

Happy to hear other people's thoughts. 

RAS

Have you checked the local Council's planning portal to see if any permission was granted? You don't want to be asking them directly as that invalidates any possibility of indemnity.

Development permission in front of the building line is usually much harder to obtain. And I'd have thought it much easier to identify as having been done when comparing neighbouring houses?

bobster2

RAS said:

Have you checked the local Council's planning portal to see if any permission was granted? You don't want to be asking them directly as that invalidates any possibility of indemnity.

Development permission in front of the building line is usually much harder to obtain. And I'd have thought it much easier to identify as having been done when comparing neighbouring houses?

Yes important to check for planning permission. However, if there was a restrictive covenant (e.g. not to extend / alter without consent of developer - something like that) then this won't be recorded on the Council's planning portal. That sort of covenant is not a planning issue.

You can have planning permission and still breach a covenant.

With older houses often the beneficiaries of particular covenants are long gone (e.g. the developers). So they are not a concern. Where there are more likely to be problems are situations where the neighbours are beneficiaries - so could enforce them.

Nospiders123

bobster2 said:

RAS said:

Have you checked the local Council's planning portal to see if any permission was granted? You don't want to be asking them directly as that invalidates any possibility of indemnity.

Development permission in front of the building line is usually much harder to obtain. And I'd have thought it much easier to identify as having been done when comparing neighbouring houses?

Yes important to check for planning permission. However, if there was a restrictive covenant (e.g. not to extend / alter without consent of developer - something like that) then this won't be recorded on the Council's planning portal. That sort of covenant is not a planning issue.

You can have planning permission and still breach a covenant.

With older houses often the beneficiaries of particular covenants are long gone (e.g. the developers). So they are not a concern. Where there are more likely to be problems are situations where the neighbours are beneficiaries - so could enforce them.

Thanks for your comment. I might ask my solicitors to check that the beneficiaries are not the neighbours.