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Legal matters

Covenant on my new build house

9 replies

MyNescafe · 22/05/2015 11:40

I have a new build house on a standard development by one of the big developers. I have many covenants on the house which I believe to be the norm, but one of these covenants states that I must not make any external alterations to the house within the next 10 years!

I would love to have a set of patio doors installed into what is currently my kitchen wall leading into the garden. I'm assuming this is an 'external alteration' and therefore not allowed?

If I went ahead anyway, could it cause legal problems for me in the future and could the developer ask me to remove them?

I should add that the developer is still on site for another 6 months so I wouldn't make the changes until they had sold all plots and moved on.

Thanks

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HelenF350 · 22/05/2015 13:01

I would imagine that this may invalidate any guarantees that the developer provides. You could just ask them?

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HoneyDragon · 22/05/2015 13:04

Afaik this is normal with new build. Usually you are allowed to ask permission from the developer and youncannot ahead if you sign a disclaimer taking responsibility for any issues that could be related to the change.

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MyNescafe · 22/05/2015 13:38

That makes sense I think as the NHBC cover lasts for 10 years so would explain the time frame.

Ok thanks, I guess no harm in asking although I might wait until they have moved off site as I may get a more favourable response!

I'd be happy to sign a disclaimer about issues that may be related to the doors but would be nervous to sign away the NHBC given the number of problems that ive had uncovered on my house and I've only been in a year!

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Hoppinggreen · 22/05/2015 13:41

What they will probably do if you ask is agree but ask you to pay a fee.
This happened to a few people on our development when it was new

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HoneyDragon · 22/05/2015 13:52

Ask your site manager. We did, and got a helpful response

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YDdraigGoch · 22/05/2015 13:55

Agree - ask the builders. They may even offer to do the work for you (at a cost, obvs).
There may be a deal with the council though about the look of the house, or it may have been a condition of planning permission that houses don't overlook each other (may overlook more with bigger windows) - there could be all sorts of reasons for the covenent.

Just ask though, and then you can either adress the reason, or find that you're stuck with it.

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TracyBarlow · 22/05/2015 14:23

It'll be about the aesthetics of the neighbourhood. It's a standard covenant. It is often to protect the developer when bigger sites are involved. If they're still trying to sell houses on the site then they don't want the rest of it to look like a dog's dinner.

However, they will usually let you do things like you're wanting to do if you apply to them. You have to submit a plan and they charge you a fee. Then they send you a letter giving you permission.

You can bypass all of this of course, but if you go on to sell your house within 10 years then the buyers may insist you get retrospective permission before they will buy your home.

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MyNescafe · 22/05/2015 14:47

Fab thank you. I'm now a bit nervous that it might be a condition of planning as the same style house on the other plots have a window where I'm wanting to put the doors (and have no window) but I guess the only way I'll find out is to ask!

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ItsRainingInBaltimore · 22/05/2015 14:52

I think it's unlikely to be an issue as it's at the rear, but if you sell you must be prepared to reinstate it to the original design or get retrospective permission for the changes if the buyer's conveyancer insists on it.

Really it's just there to stop people making dramatic changes in style to the front of the property that might ruin the cohesive look and the aesthetics of the street.

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