Changing colour of windows (restrictive covenant)?

[gds05]

We have purchased a house which was built in 1985, it has very dates brown uPVC windows. Our plan was rather than spending out on new windows, we would paint them black or anthracite.

I have had a look in the covenant dated from 1985, and it says this

"Neither the purchasers or their successors will without written consent from the vendor extend or alter the exterior of the dwelling house in any way"

Does this sound like we CANNOT change the colour of the windows?

I think you'd probably be OK. It's cosmetic rather than physical alteration. I'm not a lawyer though.

Are there other houses nearby that were built at the same time that have the same restriction? If so, have any of them altered their windows?

Does the company that owns the covenant still exist ?

Who is the beneficiary of covenant? Is it the developer from the 1980s? Most of these become unenforceable after enough time has lapsed. My parents old house had some dating back to the 1960s including one that said they couldn’t have a hedge at the front, which was ignored not just by them but half the neighbours in the same development with no consequences whatsoever as the developer was long gone. I’d also be surprised if this house has had no exterior changes whatsoever since 1985, not even a new front door! So my guess is it’s probably been ignored before.

But to be on the safe side I would chat to the neighbours either side, since they may know more and it’s also possible that they are actually the beneficiary of the covenant. If they’re ok with you doing the windows then I’d personally be happy to crack on.

Not a lawyer though!

None of our neighbours have changed their windows and doors (many of them are elderly..).

The vendor stated is the builders who built the house.

There is also a bit at the bottom of the paragraph which states " provided that this covenant will lapse and have no further effect on the date of completion of the sale by the Vendor of the last house in the development to be sold' - there were only 6 built and the people behind us (same developer) have changed their windows to white. The previous owners of our one changed the garage door from brown to green as well,

Not a lawyer, but that last line sounds as if the covenant only applied while the estate was being finished and sold, so that they all looked the same. I’d get it checked but I think it was voided when the 6th house was sold.

Things like that are normally in place to make things look neat, tidy and uniform whilst they sell the houses on a development. You should be good to ignore it if the last house has long been sold.

Agree it sounds like it lapsed when the last house was sold.