New Build Deeds Rights Reserved

[GreenTea70]

I am surprised at how many "Rights to - enter the property for ..... " are in the Deeds for my new build. My solicitor has said this is the norm now for New Builds. It reads more like a Leasehold rather than a Freehold property. Please put my mind at rest that this is OK and it is just developers solicitors covering their arses on every eventuality.

I know of qute a few that have the permitted development rights removed. It's because the density and plan is generally poor that any change at all won't be allowed as it removes amenity such as parking (which is generally insufficient) or drainage (ditto)

It’s only a small development of 12 homes. No mention of permitted development being removed so not a concern to me. Just lots of Rights to enter....

Restrictive covenants are common on new build estates, but they usually refer to requirements to preserve the amenity and outlook of the wider estate, and to promote good neighbourly relations - such as a requirement to keep painted exterior ironwork or woodwork in good order, or a prohibition of permanent parking of motorhomes on the driveway, or financial contribution to shared recreational areas. If your property is a freehold house then the developer shouldn’t have right of entry for any reason unless it’s a party wall issue - why would they need it?

Is your conveyancer one suggested by the developer? If so I’d be looking for a second legal opinion and potentially to change conveyancer to somebody independent.

The developer will need to reserve access to undertake any maintenance issues on adjacent plots whilst under warranty. Once they have conveyed the plot to you they wont have rights under party walls act etc. You could get another lawyer, but they will likely advise the same, the costs will be down to you and you could delay the completion and miss the stamp duty holiday window, potentially losing £15k?

The solicitor is my own, he is doing my sale and purchase. He has made me very aware that the restrictions are not dissimilar to those of a leasehold flat rather than freehold semi. There are the usual things that are stated above which are similar to the private road I live in at the mo.
Tyke2 sorry I’m not understanding your post, can you explain in simple talk ... sorry

If the developer needs to fix something on next door. Say that a drain is faulty on the boundary line, or anything else that may need access to adjacent properties, they reserve rights to enter to fix it.

Very normal. If the 12 were built on what was originally a bigger piece of land owned by another developer, there are probably reserved rights from that too.