Asking for help with New Build Title Burdens Covenants

[BeatrixPottery24]

Can anyone help shed any light on or do you have experience of this.

We're wanting to do some work to our new build property which includes some work to the exterior / or affecting the exterior which apparently means we need permission from 'The manager'

See thread below:

https://www.mumsnet.com/talk/scotsnet/5217538-anyone-own-a-springfield-new-build-home?reply=140107843

Only problem is no one knows who this is or seems to want to help. The developer seems baffled that we're asking for permission as it's within our boundaries. I'm currently speaking with after sales. They were going away to investigate but after speaking to them today no one seems to know.

As per the original thread the property common ground will be managed by a 'Factor' but even they were surprised that this would fall to them and don't have a set process for it...then told me they've not taken over our estate yet any way bad won't for another year.

We have a building warrant - same as permitted development certificate / building control certificate in England for the work already and I don't know what made me look at the deeds.

Also the developer has put in some god awful hedging round the front of all the gardens in the whole estate. It is totally unsuitable for the position - cold, very windy exposed hill. It just looks flaming sad and dead all of the time. And is worse on ours as north facing front garden It will not thrive. I wasn't going to take it out but thought I might plant some juniper and skimia and Daphne shrubs along it on our house side which will fair better in those conditions and mean we at least will have something nice to look at from the house. But apparently we're not allowed to change or add additional hedging?? So not allowed to plant anything near it in our own garden!?!

And yes I read this initially but thought it meant replace but now we're looking to do things O see that it doesn't mean that.

It also talks about work vans. We have a cleaner that comes every couple of weeks they have a van which (title pack only gives measurements) I'm pretty sure it is over what is allowed!! Do I have to cancel them. Likewise we have a handy person coming next week and they have a long wheel base so definitely over.

In our last house, the front garden was a ridiculous triangular shape with a pathetic bit of lawn. We put euonymous along the boundary and then later, removed the grass and had it all planted. No one said anything.

Vans are usually subject to a weight covenant. Roughly, over the size of a transit type van isn’t ok, but plenty of people seem to ignore it. I don’t think the developers want sign written vans on the roads. I think it’s different if you’re having a tradesman doing work at the house, rather than a resident parking a work van overnight for example.

My ex next door neighbour had an orangery built shortly after he moved in, I know that he spoke to the sales office and presumably, the developer beforehand and there was no issue.

I think these covenants about vans, commercial vehicles, hedging etc, whilst the site is still active. I can’t think they’d have anything to say after they left the site. If you’re a freeholder, what can they do.

We’ve just moved to another new build and the ‘shrubs’ in the front garden look really sad. We’ll be replacing them in the spring, on our property.

Do you have a management company who are responsible for maintaining the common parts, such as communal gardens, balancing ponds, shrubs etc?

Thank you @Bluevelvetsofa yes I was reading that normally in England there is a time limit to these things to keep it looking uniform whilst they're trying to sell. But there is no time like limit on this.

Yes re management company for the common areas. But our site hasn't been handed over to them yet, could be up to a yr. They were also a bit perplexed that they were the ones needing to give permission so not sure, they're either not 'the manager' in this case or they personally haven't dealt with a request. I asked them what the process was because surely there most be formal process for requesting and she said well you need to refer to your title deeds....yes we have 🤣🤪.

The developer doesn't seem to know either. Again it's certainly not something after sales has dealt with previously. You would think if it's in the title deeds there would be a formal process for requesting permission for changes?? All so strange.