Risk of breaching restrictive covenant

[Fancypants2022]

We would like to convert our garage to a utility and snug. The garage is in the footprint of the house. There is a restrictive covenant about the use of the garage for domestic cars only but at least 5 houses on the road have converted (including removing their garage doors and replacing with a window). The houses are over 50 years old. Is it too risky to do the same? Or do we just go for it?

I would take photos of the others. Then just do it. Forgiveness being easier to get than permission!

How long have the others been done? Are any of them your direct neighbours?

Woukd it gave any impact on anyone else?

I did it. I didn’t realise we had a restrictive covenant until one of the neighbours pointed it out on our planning application. We got insurance to cover ourselves but no one has said anything about it since it was done 5 + years ago.

Many thanks - some are very close. It is clear to see the difference as the street view images are different from now so you can see the changes. I am not rebellious at all and hate breaking rules so this doesn’t sit right with me at the moment but we need the space. I am not even sure how it would be challenged - is it the original developer or another resident? It would not affect anyone else - no extension needed and parking on driveway remains the same

Is it not to avoid commercial vehicles, businesses and caravans? If there is a precedent it is probably unenforceable.

Were your neighbours against it, sockpile?

I will double check - I think it is partly because of parking.

With restrictive covenants, particularly older ones it's usually ok if you don't upset anyone with the benefit of them. Given that other houses have done similarly and are likely to have similar covenants I would think your risk is low.

No, in this circumstance I'd say it's effectively a risk free breach.
If you want to look into it, the first question to investigate is is who exactly is now in position to enforce the covenant? Good chance you will find that such entity no longer exists.

Maybe the restrictive covenant refers to vehicles only. As in any vehicles have to be "domestic" rather than taxis? So converting the space into a usable room will not be covered by the covenant at all, if the only restriction is that you are not allowed to store taxis there. (i'm not a lawyer, so this is just my opinion.

Ah this makes me feel so much better - thanks all, have been losing sleep!!

@Fancypants2022

Were your neighbours against it, sockpile?

It was one neighbour and he just pointed out that there’s a restrictive covenant. It’s a new build which is about 25 years old and he lived 4 doors away in a house from the same development. The neighbour had recently extended his house and some of the neighbours had complained to planning so he had to adjust his plans - I think he was being vindictive even though I hadn’t commented on his case as it’s a few doors away.

It says no garage shall be used or permitted to be used other than for the storage of private cars

Is “the garage” defined by reference to a plan? So it’s clear exactly which part of the property is meant by “garage”?

If not then tbh I’d ignore the covenant. If it just says “no garage shall be used other than…blah blah” then once you convert that section of your house it’s not a garage so the covenant no longer applies.

Thank you so much