Anyone own a Springfield (new build) home

[BeatrixPottery24]

Bought one of these at the start of the year, not new to us it's a couple of years old.

When we were going through the sale we specifically asked the about extensions etc. and changes and were told we couldn't change house cover but there were no other covenants regarding extensions just to refer to local planning.

We want to to make some internal and external changes, not an extension but changing two of the windows at the back in kitchen dinner (French doors and then main window to aluminium sliders) there is a horrible balcony/platform type thing with what looks like prison railings round the top we would like to remove these and put a raised deck. Have a building warrant now in place. But having checked through the sales info (we did at time and saw the things about tree heights, house paint and not keeping chickens etc.) but missed a point about if we want to make external changes or extend we have to seek permission from 'the management'.

This is where we're confused, we've bounced back to Sol but she's off till Weds, I can't see her having missed confused this as there it is in black and white.

We are wondering tho whether this doesn't apply to freeholders, as the title pack seems to be very generic and has info in there which is very clearly pertaining to leasehold properties and 'block properties' ours is neither so we're wondering given that sol never mentioned when asked that this applies to leasehold (altho less clear than other points).

Also we've no idea who the manager is?!! Is it Springfield we've got 0 info on that. The 'owned' part of the estate is finished and they are just building some adapted council homes now - sales office went months ago.

There is no terms of reference at the start of the Title Pack or anywhere else that explains who this 'manager' is.

What are people's experience and are windows external and the deck?? You are allowed to add a conservatory without permission apparently so don't see how that is any different to extending?? Or putting new windows in.

Freehold and leasehold do not apply in Scotland for residential properties, these are english terms. The Manager will be the property factor.

Well they're legal statuses and a lot of the information in the burdens sounds suspiciously like those for a leasehold property. Having owned a leasehold property in England.

Yes I have looked it up and read about absolute ownership and property factors - thank you. The issue is no one seems to know who this is. Called Springfield yesterday.

Much of the info talks about common land or land retained by the developer. I was under the impression we had absolute ownership but having dug down a lot of the burdens mirror leasehold ownership in England and pretty much stop you doing anything with the house.

As in a lot of the info online.

Is it a flat? You usually need planning let mission to make changes. It might not be easy if it's a block built to the same design spec.

Is there a deed of conditions? This will usually tell you who the Manager is, 99% of the time it will be the property factor. Who is maintaining the common areas? Do you not pay a factors fee?

If the manager can't be identified it doesn't really matter the burdens can be enforced by someone else in the development with the same burden (a benefitted proprietor).

I am in a Springfield new build and was given a document called a Report on Title. This says that the Manager is Screen Autumn Limited (the factor). There is a section stating "No building is to be enlarged or externally altered without the Managers consent".

@SquishyGloopyBum no it's a detached house.

Thanks @MoleAtTheCounter did you know they've been bought out. Spoke to the company that has bought them out and they were very relaxed / surprised that we would need to ask them for permission for something to do with a detached property inside it's boundaries 🤣.

Tricky bit is they said our estate hasn't been handed over yet. Have gone back to Springfield 3 different people now and they really don't seem to know how to deal with it. It could be up to another year befor it's handed over. We're not waiting that long.

@Willowback I suppose that would make sense where something is enforceable and a no like you cant keep chickens for instance.....but this isn't a can't. But how is another resident going to enforce it?? I mean not that I want to keep chickens, just an example.

A lot of new builds in Scotland have these conditions. I live in a new build by a different developer and you are meant to ask the factors permission before making any changes, no vans allowed to park on estate, no hedges above a certain height. I dont think anyone asks permission. It's not really enforceable. Either you need planning permission and you get planning permission via your council or it's permitted development and you don't need to. In my estate, there are grassy areas and parks classed as common areas.

Latest from Springfield....they're not sure that would be covered by the factor, which ties in with convo I had with the company who is due to takeover. But they're still not sure who would. The after sales woman said it's not something she's come across so as you say @Whitefluffycloud maybe most people just don't bother.

She was perplexed as to why we would need to when it's in our boundaries.

They are enforceable under the title conditions scotland act 2003 otherwise why would vendors and solicitor go through the act of creating these burdens. They can be difficult to enforce as your neighbours would have to prove how your amendments affect their enjoyment of their property but all it takes is a retired busy body neighbour with nothing on to do to get annoyed and you at court for painting your door bright pink!

Really don't know why you're bothering
Changing windows in the back and adding decking, no one cares

It's the same as having no work vans in our deeds - estate is littered with them. Doesn't matter.

If you're really worried just do a quick check with the solicitor you used. Ours said it's not an issue ( work van).