Hidden considerations when improving your home
Most people know that when altering or extending their property they may need to apply for planning permission and /or building control approval. However, many are not aware that their deeds or legal title may contain restrictive covenants in favour of former or adjoining owners which prevent the works or at least provide for the prior written consent of those persons to any proposed works.
If correctly worded these restrictive covenants (legal promises) bind the original and all future owners of the property. The restrictions can be varied in their extent sometimes preventing any external alteration or addition such as a porch conservatory or extension and even the installation of different windows. They could also restrict a change of use from a house to flats or the erection of any other building such as a garage or even a shed. Depending on the wording of the covenant a price can be charged for giving consent.
Failure to obtain this consent can be very serious indeed. If work has started but not been finished the person with the benefit of the covenant can take out an injunction to have the works stopped or even removed. If the work is completed they can claim damages which sometimes can be substantial.
The absence of restrictive covenant consent often comes to light when a property is being sold. If a buyers’ solicitors spots a breach they will usually request that retrospective consent is obtained or that indemnity insurance is taken out to protect the buyer in the event of enforcement proceedings arising. However, indemnity insurance is not always available.
Consequently it is imperative that before undertaking any building works to your home that you check exactly what consents are needed both from the local authority and in accordance with any restrictions on the legal title.
At Attwaters we are experts in advising clients in residential property matters. If you would like help regarding the issues raised above or on any property related matter please contact Sheri-Anne Mizon on 0208 508 2111 or via e-mail on sheri-anne.mizon@attwaters.co.uk.