buying on a new build development; what would happen if we ignored some of the small contract clauses, hypothetically?

[bamboobutton]

there are some small clauses in our contract, things like:

no caravans on the driveway
no fence at the front of the property
only 1 car parked on the driveway(massive)
no satellite dish without permission
keep the garden presentable

little things like that.

sooo, once it's all completed and keys handed over what would happen if we ignored all the small silly stuff and had a whopping great caravan on our drive and 3 cars and let the garden run riot?

what can they do, fine us? kick us out?

not saying we are going to any of the above, im just wondering what would happen if we did.

[ObtuseAngel]

I have a restrictive covenant on my dining table which I have ignored with no problems.

If there is no management company then you should be ok, you might be very unlucky and have a neighbour who wants to keep the terms of the covenant, but without a management company they would have to use their own money to take you to court to enforce the terms and, frankly, if they are that barking they will be troublesome with or without a covenant. Our last flat in London had all sorts of restrictive covenants and a management company and the only thing that was ever actually enforced was not being allowed to hang things on or from a balcony.

[bamboobutton]

unless the developers are also the management company then, no, there is no management company. ive not seen any mention of one in the incomprehensibly worded contract.

developers wont change the covenants so our solicitor is requesting a side letter to say we can have more than 1 car on the drive.

the fences we will have to pay the developers for permission, a bit like planning permission.

[RocknRollNerd]

What Tigga said, friends have recently moved to a development and one of the residents is extremely keen on enforcing ALL covenants down to the letter. It's come as a bit of a shock as all the other residents were of a similar mindset to you that it's all 'live and let live' and they don't really matter but it just takes one one resident to want them enforced and the management company have to act.

[dawntigga]

What your solicitor said and if you have a maintenance company looking after communal areas the directors of the company can also take you to court. I use to work for a management co that looked after maintenance companies, I once had to send a letter because somebody had put a 6 inch white picket fence up around some grass, I shit you not!

If you do have a maintenance company get on the board, the people that are attracted to these roles in my EXTENSIVE experience tend to be right jobsworths with the voice of reason being very much in the minority.

WouldNotBuyAHouseWithAMaintenanceCompanyTiggaxx

[PottyLotty]

No ihatethecold , we cant hang washing out on a sunday but I do along with everyone else although I have been known to use this as an excuse on occasions for not doing the washing

[RhondaJean]

Do you have a factor on Thr estate for any communal areas? We do and Thr factor enforces the rules. If you do something anti rules and a neighbour complains they write to everyone and eventually they would visit you and remove the offending item. And bill you for the privilege.

Ours include no chicken or ducks to be kept and nothing to be fixed to the buildings.

[thereinmadnesslies]

We live on a newish estate with restrictive covenants. But ours we only valid for 10yrs - is there a term on yours? One of the rules was no commercial vehicles to be parked on driveways or the street. This has been totally ignored by most of my neighbours, and tbh I can't see who would be bothered to enforce it.

[soundedbetterinmyhead]

We've got a 'no washing out at the weekends' one. Everyone ignores it, of course. Also no chickens - although other animals are apparently OK. Weird. Our house built in late sixties (by someone with a grudge against chickens)

[goodasitgets]

Mine has some
No pets, no washing allowed to hang out... And some more that I can't remember

[bsc]

pottylotty no garden sheds? that's a bit harsh!

[bsc]

Where we live has v v similar restrictions- not supposed to have a car on the driveway, unless it's over night- they all have 2 car garages, so no excuse (!)

No satellite dishes without PP (it's a conservation area).

No fencing in the front (can apply for PP, but it would not be granted).

Certainly no caravan/campervans on the drive. There was even a clause 'no boats to be stored on drives'! (darn it, had to sell my yacht! )

Washing is fine out the back of the house though.

Cannot alter colours/look of frontages at all. Cannot convert part of the garage/build over the garages at all.

But it works... it is the land that time forgot...

[ihatethecold]

washing out

[ihatethecold]

pottylotty.
you cant hang out on a sunday???

[racmun]

They're not in the contract but in the TP1 document which gets attached to the contract.

It depends on the exact drafting as to who retain the benefit of the covenants it can be your neighbours who buy their house after you, the developer or a management company set up which you all get shares in.

Enforcement would be a civil matter but bare in kind the wrath of your neighbours who will probably to ensure the development stays looking nice. You only need a pedantic one and it could make life awkward.....

[milkglass]

Nothing will happen.
We bought off plans years ago and it said all the above, plus no contract (work logo) vehicles on drives etc. On the first day a caravan was parked on the drive of a house around the corner, numerous self employed business vans were on the drives and everyone had at least 2 cars on their drives. We all had sky put up asap. We were the first stage so the plot was still being built on - nothing happened. Also, we bought the leasehold, so as a freehold property they couldn't do anything anyway.

[QuintessentialShadows]

If you need the garage to store your junk, then you are buying too small a house! Or at least a house with a too small shed!

[PottyLotty]

Mine says the front of the property must be garden (mine is the only front garden in the street the rest are drives)
No caravans, no partition fencing/walls (everyone has fencing front and back), no garden sheds (everyone has a garden shed), no hanging washing out on a sunday (everyone hangs washing out on a sunday) no cats (everyone has a cat, some have 2)

I have no idea why anyone would want to put these in. I think perhaps someone has a very odd sense of humour.

[vj32]

We were told that they are a bit irrelevant until you sell, and then you could be asked to provide indemnity insurance. But given the fact that would only cost a few hundred pounds....

Once the developers have gone everyone does what they like.

[bamboobutton]

the main one we want sorted is about the back garden fences. the plot itself is quite large but only a tiny part is fenced off for garden, so we would want to move the fences out a few meters, closer to the boundary.

we've emailed our solicitor to see if that covenant can be altered. if not then we will have to pay the developer a fee to get permission.

none of them are showstoppers though, just a bit anal and stupid.

[MrsBucketxx]

There no worth the paper they are written on i complained to developer about a large van parked outside my home and nothing was done.

After more research, very little of these cases get to court and as there a civil offense not a criminal one. Only a nominal fine if any will be issued.

Btw there are still lots of breaches of these covenants I can see daily I just have to get over it.

[cheryl19843]

We are moving to new build estate and practically every house has a satellite dish and sheds in garden and cars parked in front of houses etc. All this info was passed to us because house we are buying is 3 years old but estate is still no where near complete.

[LIZS]

who is the covenant between ? Is the development near completion ? No caravans and front fence are normal and may be enforceable if it between occupiers rather than with the builders.

[PigletJohn]

p.s.

my currrent house has a clause saying I can't change the colour of the front door or windows.

It does not say what colour they have to be...

[PigletJohn]

new build covenants are usually so that the developer can sell all the other houses at a good price without you lowering the tone of the neighbourhood.

Once they are all sold the developer won't care.

It is very usual for old houses to have restrictive covenants that don't say who has the power to enforce them so they can be ignored. my first house had a clause forbidding me to open a fish and chip shop or have a funfair in the garden.

[RedHelenB]

Think ours had things like keeping doors & windows white for x no. of years, presumably so that it looked good until all the properties were sold.