Is there a restrictive covenant here?

[Lucidas]

Hi :)

So we're thinking of converting our single garage into an office, leaving us with a driveway for one car. Having read around it, it can be common on our housing estate for properties to have restrictive covenants against using the garage for anything other than parking. In which case, we would need planning permission and not just building regs approval.

I've got a copy of the title deeds - here's the section on parking (attached), and the one just after on general use. To me it reads like there's no such covenant or restriction on converting the garage, but can someone better-versed in legal jargon substantiate this?

Thank you!

I don't think that prevents garage conversion. Pp and covenants are different though. Covenants are agreements between, for example, property owners and developers to maintain visual uniformity. They may not even be enforceable (your legal paperwork from purchase may mention this) if it was a developer some time ago who no longer operates. Planning officer would not consider it as part of decision making.

@LIZS

I don't think that prevents garage conversion. Pp and covenants are different though. Covenants are agreements between, for example, property owners and developers to maintain visual uniformity. They may not even be enforceable (your legal paperwork from purchase may mention this) if it was a developer some time ago who no longer operates. Planning officer would not consider it as part of decision making.

Thanks for replying. I’ve seen a planning application for a garage conversion elsewhere on the estate, where it was stipulated that there needed to be two off-road parking spaces, and so the owner had to explain how they would mitigate the loss of the garage (eg parking in garden)... so am a little confused. But I don’t know if that applies in our case anyway.

Covenants can be enforced. There is was a restrictive covenant on our house about not having any physical border on the drive. The previous owner changed the layout and built a retaining wall and a neighbour reported him. He had to stop work immediately and apply for retrospective planning permission (house was built in 1966 and work done in the 2000's).

But to me that doesn't read that you can't convert your garage so you will just need building regs.

Effectively it is a loss of a parking space which could impact on other residents, so that may be the reason behind the clause. Not related to a covenant, unless the other party is the council. Did the pp get granted though?

The restrictive covenant on our house was that the front garden can not be enclosed. Previous owner had a front lawn, dropped kerb and space to park one car, two at a push. He got rid of the lawn, to create a huge drive that now fits 3 (He had 2 plus caravan) cars and enclosed it with a retaining wall (leaving just the dropped kerb access.

Retrospective pp was granted for the wall.

You might need change of use but I don't see anything there that would prevent you from doing something to your garage.
Those restrictions are pretty standard on an estate.

If it is an office for your own family use, and you would not be employing other employees to come and run a business from it, it looks fine.

It says you need to keep a parking space and / OR a garage space - you are keeping the parking space.

That doesn't look like a restrictive covenant. However you need to check out whether or not you have permitted development rights to convert as sometimes conditions are put on the original planning application for your dwelling which removes them.
IIRC normally permitted development rights allow you to convert garages into dwelling habitable space but sometimes those development rights have been withdrawn which is why you might need an application planning. You can always check with your local planning department.

The document you’ve shared restricts only your right to park in certain places on your property and the estate.

I suggest checking the title registry - available online from the land registry - to see if there are any covenants on your home.

Remember however that Covenants are a different issue to planning permission. They are a private contact between someone who owns the land and the person who buys a house built on it. Even if there is no covenant you might still need planning permission to build a garage but this can be checked with the Council.

I hope this helps!

OP isn't building a garage, she's converting an existing one which usually comes under Building Regs unless its a conservation area etc.

On new estates most changes need pp, even a shed, as pd rights are restricted.

You need to check the original planning permission for the house/garage to see if there are any conditions on that permission restricting the use of the garage to garage use only.

IF so you will need to make an application to relax that condition if you wish to convert the garage into living accommodation, home office etc. The Council will consider whether the loss of the parking space in the garage would add to any existing parking problems on the estate, and if so may require you to provide an additional parking space within your property. If that is not possible PP could be refused.

This is entirely separate from any possible covenants on the property, which come under a different set of legislation.

We had a covenant not to covert the garage.
We spoke to the house builders and they gave us written permission to convert it.

Thanks all for the input. Trying to get to grips with the different perspectives!

I've checked the title registry and there are no relevant covenants. And what I'd read so far seemed to suggest that if there's nothing in your title deeds, you're good to go with converting a garage since it falls under a permitted development.

But it seems like I'm not looking at the right thing and that I still might need planning permission. @Seeline Where do I check the original planning permission for the house/garage?

Our council website has an option where you it says For just £54.00, we will have a look at what you are planning and let you know if we think you need permission.

But then they go on to say:

The advice we provide is just a professional opinion and should only be treated as a guide – if we suggest you don’t need planning permission, this advice will not protect you from planning enforcement action if it turns out you do need planning permission. If you want a formal document saying you don’t need permission, you need to apply for a Lawful Development Certificate.

... So I'm not entirely sure what the purpose of this is..

Depends on the age of the permission. If it's since 2000 you should be able to see copy on the Council's website (there will be a section called something like search for a planning application, or comment on a planning application). You can normally search by address. Even if it's older, it is worth having a look as some OCuncil's have uploaded older records.

If it's not there you should be able to see a copy at the Council offices.I would ring in advance as it may take a bit of digging around in old files for them to find it.

However, the other way of doing it is to research the application you mentioned of someone else on the estate who made a planning application for a garage conversion. IF you search that one on the website and look for the Officers report it may explain why the application has been made. IF it is because there was a condition and the houses were all built at the same time, it will apply to your property too.

@Seeline

Depends on the age of the permission. If it's since 2000 you should be able to see copy on the Council's website (there will be a section called something like search for a planning application, or comment on a planning application). You can normally search by address. Even if it's older, it is worth having a look as some OCuncil's have uploaded older records.

If it's not there you should be able to see a copy at the Council offices.I would ring in advance as it may take a bit of digging around in old files for them to find it.

However, the other way of doing it is to research the application you mentioned of someone else on the estate who made a planning application for a garage conversion. IF you search that one on the website and look for the Officers report it may explain why the application has been made. IF it is because there was a condition and the houses were all built at the same time, it will apply to your property too.

Thank you, that's really helpful.

Have dug up the application and it does say there's a condition imposed by the council (attached).

It also states 'this area' of the estate, and the house in question was built 5 years after ours. So I don't know if it necessarily applies to our house also? But will certainly investigate.

YEs that will need looking into. IT could just have been a phased development covered by the same PP, or it could be two separate developments.

I think it is likely that both area would have the same condition though - they were quite common at the time.

You could try ringing the planning department, they might just know the answer. Planning Officers are usually responsible for a certain area and get to know things like that!