Covenant on building a shed
Discussion
I bought a small plot of land some years ago and there is a covenant restricting what can be built on it. The document states it is permissible to build a "small" shed (or summerhouse) with a height of 2.4m. The maximum length and width (or area) of the shed are not specified. Assuming I want a large shed, what size could I reasonably get away with?
NorthDevon66 said:
I bought a small plot of land some years ago and there is a covenant restricting what can be built on it. The document states it is permissible to build a "small" shed (or summerhouse) with a height of 2.4m. The maximum length and width (or area) of the shed are not specified. Assuming I want a large shed, what size could I reasonably get away with?
Who benefits from the covenant and are they still about to care?I expect limit will be the point at which you need planning consent (assuming UK).
Quick google suggests (for england) the size limit is 15m sq floor area.
Though you may still need planning as permissive development sheds are only allowed in rear gardens (regular complaint re bicycle sheds; you can't put a small bike shed in, yet you can tarmac over half the garden and park a big, non-roadworthy transit permenantly to put the bikes in...)
Quick google suggests (for england) the size limit is 15m sq floor area.
Though you may still need planning as permissive development sheds are only allowed in rear gardens (regular complaint re bicycle sheds; you can't put a small bike shed in, yet you can tarmac over half the garden and park a big, non-roadworthy transit permenantly to put the bikes in...)
qwerty360 said:
I expect limit will be the point at which you need planning consent (assuming UK).
Quick google suggests (for england) the size limit is 15m sq floor area.
Though you may still need planning as permissive development sheds are only allowed in rear gardens (regular complaint re bicycle sheds; you can't put a small bike shed in, yet you can tarmac over half the garden and park a big, non-roadworthy transit permenantly to put the bikes in...)
Quick google suggests (for england) the size limit is 15m sq floor area.
Though you may still need planning as permissive development sheds are only allowed in rear gardens (regular complaint re bicycle sheds; you can't put a small bike shed in, yet you can tarmac over half the garden and park a big, non-roadworthy transit permenantly to put the bikes in...)
Yes, this makes sense. I need to look into planning consent.
Be careful on confusing ‘permitted development’ rights.
You mention a ‘plot of land’, therefore if it isn’t associated with a dwelling house, then the PD rights referred to above don’t exist.
You would need to confirm the current use class of the land/plot, then work out the next step. There are many different aspects to the GPDO (permitted development) covering different use classes, however a ‘plot’ with no ‘use’ won’t have any.
(above is simplified)
So, you are likely to require a specific permission for any ‘building’, (including ‘engineering operations’) which will lead into other areas of planning policy, etc.
You mention a ‘plot of land’, therefore if it isn’t associated with a dwelling house, then the PD rights referred to above don’t exist.
You would need to confirm the current use class of the land/plot, then work out the next step. There are many different aspects to the GPDO (permitted development) covering different use classes, however a ‘plot’ with no ‘use’ won’t have any.
(above is simplified)
So, you are likely to require a specific permission for any ‘building’, (including ‘engineering operations’) which will lead into other areas of planning policy, etc.
Covenants are often not well written and may not be enforceable. "The document states it is permissible to build a "small" shed (or summerhouse) with a height of 2.4m"
I would say you can build whatever you want area-wise. "small" is not defined so is meaningless - small compared to what? an aircraft hanger? No-one in their right mind would start paying lawyers to try and enforce that. Also the wording of the covenant is very important - were you the original purchaser of the land? or was there someone in between you and the original covenant? Does the covenant flow down through heirs and successors?
Important to realise that the only person that can enforce a covenant is the original beneficiary - not neighbours or any other busy-body. Also, enforcing means going legal with all the cost/risk involved.
If in doubt, get a little bit of legal opinion from a specialist solicitor.
I would say you can build whatever you want area-wise. "small" is not defined so is meaningless - small compared to what? an aircraft hanger? No-one in their right mind would start paying lawyers to try and enforce that. Also the wording of the covenant is very important - were you the original purchaser of the land? or was there someone in between you and the original covenant? Does the covenant flow down through heirs and successors?
Important to realise that the only person that can enforce a covenant is the original beneficiary - not neighbours or any other busy-body. Also, enforcing means going legal with all the cost/risk involved.
If in doubt, get a little bit of legal opinion from a specialist solicitor.
Plot of land is not associated with a house - it's a standalone plot. Currently got some fruit trees on it (which I won't remove) but not used for anything at moment. I was thinking of putting in a basic cabin for tourists (area is scenic and popular). Seems to me that planning permission for tourist related structures is much easier to get than it used to be. The wording of the covenant is helpfully vague and implies that the original sellers of the plot won't be able to object to a structure being built. It seems then that the question is whether the planning authorities will allow it. I will find out.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff