Garage conversion and restrictive covenants

[Ihavenoideawhatmyusernameis]

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

As @LuluBlakey1 says, the 5 year rule and consent only applies to 15.1.1 / 15.1.2 /15.1.3.

15.5. (the clause about the garage only being used for a garage) is separate - it doesn't say you're allowed to do it after 5 years and importantly, it doesn't say you can do it if you have permission. It means you're not allowed to convert it. Full stop.

Strictly speaking therefore (and I'm not a property lawyer), you need the restriction removing. I'd therefore be contacting the developer not to ask for permission, but for agreement to remove the covenent from your lease. You might want to speak to a solicitor about it.

For everyone else saying they did it, you don't know what the terms of their leases were. Theirs might have said they could do it with permission; yours doesn't say that.

If you go ahead with the conversion without sorting it out, whilst the developer might not take enforcement action (they'd be entitled to, but probably unlikely) you might put off future purchasers if you come to sell as you'll be asked whether you've complied with any restrictive covenants.

@Africa2go

As *@LuluBlakey1* says, the 5 year rule and consent only applies to 15.1.1 / 15.1.2 /15.1.3.

15.5. (the clause about the garage only being used for a garage) is separate - it doesn't say you're allowed to do it after 5 years and importantly, it doesn't say you can do it if you have permission. It means you're not allowed to convert it. Full stop.

Strictly speaking therefore (and I'm not a property lawyer), you need the restriction removing. I'd therefore be contacting the developer not to ask for permission, but for agreement to remove the covenent from your lease. You might want to speak to a solicitor about it.

For everyone else saying they did it, you don't know what the terms of their leases were. Theirs might have said they could do it with permission; yours doesn't say that.

If you go ahead with the conversion without sorting it out, whilst the developer might not take enforcement action (they'd be entitled to, but probably unlikely) you might put off future purchasers if you come to sell as you'll be asked whether you've complied with any restrictive covenants.

Just to clarify - what do you mean by lease? We’re freehold

Covenants appear to attract as much dodgy legal "advice" (or is that "legal" advice ?) as parking charges.

"Just ignore them" is bad advice. Covenants are still a very real phenomenon, and it can be very costly to pretend they don't exist ...

www.tltsolicitors.com/insights-and-events/insight/developer-suffers-substantial-losses-in-cynical-breach-of-restrictive-covenant/

I work for a house builder ....

The wording of 15.1 is to prevent the garage being used for a trade or business it doesn't prevent you converting it for domestic use into a habitable room

That being said under the previous clause because it's been less than 5 years you will be required to notify Barratts and obtain their consent

Sorry not lease, the Transfer.

You will need to check the original planning permission for the whole estate. IT is possible that the council imposed a condition on that PP preventing the use of garages for purposes other than parking of vehicles (and possibly residential storage). If there is a condition, you will need to apply for PP to relax the condition.

You should be able to look up other properties on your estate on the COuncil on-line planning register to see if anyone else has applied for a conversion. If they have it is almost certain that you will need it too. You should also be able to see the original permission on the register. If you enter your address, the original application should come up - you need to look at the decision notice and check the long list of conditions.

You need to check the original planning consent, many new builds have pd rights removed.

@Africa2go

Sorry not lease, the Transfer.

Thank you. Just wanted to make sure

Many thanks for the information - I’ve bookmarked it to re-read when I’m less stressed about the whole thing

Yes, you need to check that your permitted development rights haven't been removed. With a garage conversion the issue you will run into is parking spaces.

We wanted to convert our garage to office space. Our permitted development rights have been removed. We couldn't get planning permission because it would have breached our council's planning policy. They require that a 4 bedroom house has three parking spaces. Even though we have never parked the car in the garage it still counts as a parking space so once converted we would only have two spaces (and only one car!) As we have no way of creating an extra parking space we've had to abandon our idea of a garage conversion.

But don't worry too much - ours says all kinds of things. We can't keep horses, sheep or other livestock in our garden, can't run a boarding house from the house, can't run a business from the house, can't let any part of the house or turn it into flats, must not remove the front garden, can't build onto the front of the house, can't change the windows without the permission of the Duke of Northumberland, can't use the garage to operate a shop. Quite bizarre.

re. checking for conditions on the original consent...Don't just search for your address on the planning website - the original permission would have been under the original address of the site. Your new address probably won't bring anything up. Good idea to check if other properties on the estate have needed PP though.

The Duke of Northumberland estate is well known for being very "awkward" 😂

You'd be surprised though - Developers have to list all these things out otherwise it would be a free for all on housing estates with all sorts going On

Noooo,

15.5 doesn't mean you can't do it ever

it means that while it is a garage it can only be used as a domestic garage, not for fixing cars or selling motorbikes etc.

Once it is no longer a domestic garage (i.e once it is a room) this is an irrelevant clause as the house no longer has a domestic garage.

@LuluBlakey1

But don't worry too much - ours says all kinds of things. We can't keep horses, sheep or other livestock in our garden, can't run a boarding house from the house, can't run a business from the house, can't let any part of the house or turn it into flats, must not remove the front garden, can't build onto the front of the house, can't change the windows without the permission of the Duke of Northumberland, can't use the garage to operate a shop. Quite bizarre.

What did I say about shonky advice ?

Covenants are still very much "a thing". Ignoring them can be very costly.

Waves at Duke of Northumberland estate dwellers in West London. If my new house ever completes, I'll soon be joining you!

*completely missing point of thread

Ok so the people talking about 5 yrs haven’t read it properly as that doesn’t apply to the but about garages. 🙄

OP just ask Barretts for permission, legally they’re not allowed to be unreasonable and this is a reasonable request.

The clause is very badly written, the intention is obviously to stop you running a trade/business (because that would ‘lower the tone’ and change the vibe of the whole development). It says you can onky use the garage for storing vehicle of other items of a domestic nature. Arguably a sofa, bed, desk etc is still domestic… It doesn’t say you can’t improve the floor and insulate etc…

Calm down, ask permission, convert your garage and don’t worry about it.

@wineymummy

re. checking for conditions on the original consent...Don't just search for your address on the planning website - the original permission would have been under the original address of the site. Your new address probably won't bring anything up. Good idea to check if other properties on the estate have needed PP though.

As it's such a recent permission, the original PP for the estate should be linked to the OPs current address on the planning register.

@4amstarts

I work for a house builder ....

The wording of 15.1 is to prevent the garage being used for a trade or business it doesn't prevent you converting it for domestic use into a habitable room

That being said under the previous clause because it's been less than 5 years you will be required to notify Barratts and obtain their consent

Thank you. Fingers crossed all will be ok. Just waiting on Barratts to confirm they’re happy for us to proceed

@Ihavenoideawhatmyusernameis long shot as been years but what happened with Barratts in the end?

We are also hoping to do garage conversion including changing the garage door to a window and extending the porch (appreciate we might not get planning permission for the porch part though).

Our covenants restrict changing the front appearances and the garage indefinitely (well 80 years from 1998 so basically the same thing) so was wondering how best to proceed!

It was all sorted via email. We paid them £150 (I think) for them to email back and say they were happy for us to proceed.

they were really quick, replied the next day

@Ihavenoideawhatmyusernameis oh excellent, hope it goes as smoothly for us then ☺️