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Restrictive covenants, planning permission and indemnity insurance

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Salilou · 19/11/2023 17:12

Any advice/ experience welcome!

We live in a new build home and are weeks into selling and buying somewhere else. There is a restrictive covenant in place on our current home preventing you from extending etc. so when we built an extension 4 years ago we had to apply for consent to override the restrictive covenant and also for full planning permission. All fine.
We then converted part of our garage a few years ago on a building notice (building regs met) but didn’t go through the same process as thought (& were advised by builders etc) that as we weren’t extending and haven’t replaced garage doors etc that we didn’t need to go through the same process.

Fast forward to last week and our buyers solicitor is asking for ‘restrictive covenant consent for the garage conversion’ and I’ve suddenly panicked and realised we should probably have followed the same process. I emailed the builders to ask for confirmation if this is the case and to ask how we do this but haven’t had a reply yet. In the 24hrs since I did this, I’ve now read up on indemnity insurance and realise I’ve scuppered my chances of applying for this UNLESS I call them and ask for them to delete the email before they read it maybe?!!

Does anyone have any advice for me?! Feel so stupid and absolutely sick to the stomach that we’ll lose our buyer and dream home as no-one will want to wait for all of this to be applied for in retrospect 😫

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