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Garage conversion and restrictive covenants

46 replies

Ihavenoideawhatmyusernameis · 18/11/2021 13:44

We’re hoping to start work soon on our garage conversion - integral garage to living space/dining room. We’ve already applied for building regs/notice and can proceed under permitted development however…

There are two restrictions that I think may apply to us (photo attached hopefully). 15.1.1 and 15.5

Ive made contact with Barratts this morning and they are going to send the relevant information over but I was just wondering if anyone has had previous experience of this. Just need to know a) how long it will take to sort b) how likely it is they will approve the removal of the restrictions and c) is it going to cost much?

Many thanks in advance

Garage conversion and restrictive covenants
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Ihavenoideawhatmyusernameis · 18/11/2021 13:45

Sorry - wrong photo

This one!

Garage conversion and restrictive covenants
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ProfessorSlocombe · 18/11/2021 13:47

I can't see any reason why they would waive the covenant ? Fee or not.

It's not an unreasonable one.

Ihavenoideawhatmyusernameis · 18/11/2021 13:53

I’m such a worrier. That’s what I’m thinking. It’s not unreasonable and I can evidence that it’ll be well done and a good finish. My bricks are the exact same ones and I’ve got my window matched perfectly

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Annasgirl · 18/11/2021 13:53

I read it as you not being allowed to run a business from the garage - which is a reasonable covenant in a residential development.

I don't think it would stop you converting it into a room for your home, just not a room for a business such as a hairdresser or DR.

QforCucumber · 18/11/2021 13:57

1.1 is just that you cannot make the change within 5 years of the build without prior consent form them, we have this with persimmon - it cost £250 to get the consent. its just another way of them making money.

Daftasabroom · 18/11/2021 13:57

15.1 not for 5 years.....

When was property first sold by the developer?

TaraRhu · 18/11/2021 14:00

How long have you owned it? It seems that the restrictions are only for 5 years? Presumably to keep the development looking uniform whilst it's completed and sold? It is a bit confusing though. It seems that you can make changes with their consent but it does appear (in my mind) that the garage does have to be kept for domestic storage/vehicles.

Ihavenoideawhatmyusernameis · 18/11/2021 14:09

@Daftasabroom

15.1 not for 5 years.....

When was property first sold by the developer?

May 2018 so just 3 1/2 years
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Ihavenoideawhatmyusernameis · 18/11/2021 14:12

@TaraRhu

How long have you owned it? It seems that the restrictions are only for 5 years? Presumably to keep the development looking uniform whilst it's completed and sold? It is a bit confusing though. It seems that you can make changes with their consent but it does appear (in my mind) that the garage does have to be kept for domestic storage/vehicles.
Re: storage of vehicles - yes that how I read it too. DH interpreted it differently and thought of it from the “no business from the house” POV. The terminology is so open to interpretation, it’s driving me mad. I think I’ve read the entire deeds 20 times Confused
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gunnersgold · 18/11/2021 14:14

We live in a new build , there is a covenant to say we can't change the house for ten years but we did a garage conversion last year and extension . They signed it off no problem ! Obvs had planning permission!

Daftasabroom · 18/11/2021 14:19

I think you will have wait until the five years are up. Housing developments often have permitted development rights withdrawn as a condition of planning permission, so it might not be in the developers remit to grant you permission.

Ihavenoideawhatmyusernameis · 18/11/2021 14:19

@QforCucumber

1.1 is just that you cannot make the change within 5 years of the build without prior consent form them, we have this with persimmon - it cost £250 to get the consent. its just another way of them making money.
It’s awful - don’t understand why it has to cost that much at all
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Ihavenoideawhatmyusernameis · 18/11/2021 14:21

@gunnersgold

We live in a new build , there is a covenant to say we can't change the house for ten years but we did a garage conversion last year and extension . They signed it off no problem ! Obvs had planning permission!
That gives me hope! They’ve had extensions, conservatories and orangeries added to loads of the properties on the estate so I’m hoping they will let me do my little conversion Grin
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Ihavenoideawhatmyusernameis · 18/11/2021 14:23

@Daftasabroom

I think you will have wait until the five years are up. Housing developments often have permitted development rights withdrawn as a condition of planning permission, so it might not be in the developers remit to grant you permission.
Confused
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Daftasabroom · 18/11/2021 14:25

No harm in asking though.

gunnersgold · 18/11/2021 14:29

Honestly they won't care as long as you aren't changing the front of the house in a crazy way . It's there to stop this happening . I don't think we even paid the money , they just said yes !

LuluBlakey1 · 18/11/2021 14:33

The 5 years only applies to things numbered 15.1.something.

15.4 is not under the 5 year rule. It is a permanent restriction.

Ilovefluffysheep · 18/11/2021 14:33

We live in a Barratts new build. Bought in November 2017. Had our garage converted last December. Had to get permission from Barratts, was very easy and cost £125. They then send a letter giving their permission. That was it!

Ihavenoideawhatmyusernameis · 18/11/2021 14:39

@Ilovefluffysheep

We live in a Barratts new build. Bought in November 2017. Had our garage converted last December. Had to get permission from Barratts, was very easy and cost £125. They then send a letter giving their permission. That was it!
Brilliant! Hopefully that’ll be the same for us then. How long did it take them to give you an answer?
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Ihavenoideawhatmyusernameis · 18/11/2021 14:39

@Daftasabroom

No harm in asking though.
If you don’t ask, you don’t get as they say Grin
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Ihavenoideawhatmyusernameis · 18/11/2021 14:41

@LuluBlakey1

The 5 years only applies to things numbered 15.1.something.

15.4 is not under the 5 year rule. It is a permanent restriction.

That’s how I interpreted that too. It’s the 15.5 I’m most concerned about. I’d just wait until the 5 years if it was just the 15.1. Bloody nightmare
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Ihavenoideawhatmyusernameis · 18/11/2021 14:42

@gunnersgold

Honestly they won't care as long as you aren't changing the front of the house in a crazy way . It's there to stop this happening . I don't think we even paid the money , they just said yes !
Exactly this ^

Hopefully they’ll be ok with it fingers crossed

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gunnersgold · 18/11/2021 14:52

Have you got planning ?

Ihavenoideawhatmyusernameis · 18/11/2021 14:55

@Ilovefluffysheep

We live in a Barratts new build. Bought in November 2017. Had our garage converted last December. Had to get permission from Barratts, was very easy and cost £125. They then send a letter giving their permission. That was it!
Forgot to ask…did you also need planning permission?
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Ihavenoideawhatmyusernameis · 18/11/2021 14:56

@gunnersgold

Have you got planning ?
No, was initially told it fell under permitted development. Just trying to figure that out now. Have submitted a building notice already
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