New Build Home - Restrictive Covenant
Discussion
I wasn’t sure whether to post this here or in the homes section.
We’re hopefully about to buy a new build house. There’s a double garage with a central pillar and smallest possible up & over doors. I can get my current car (BMW 3 series G20) in with about 1 inch either side but I don’t want to be restricted when I change my car so really want to remove the central pillar and install one large garage door.
I checked this with my conveyancing solicitor who advised that there’s a restrictive covenant for the first 10 years of ownership which means I’d need the developers consent to any alterations. Does anyone here have any experience of this and whether they could enforce such a restriction once I own the freehold?
We’re hopefully about to buy a new build house. There’s a double garage with a central pillar and smallest possible up & over doors. I can get my current car (BMW 3 series G20) in with about 1 inch either side but I don’t want to be restricted when I change my car so really want to remove the central pillar and install one large garage door.
I checked this with my conveyancing solicitor who advised that there’s a restrictive covenant for the first 10 years of ownership which means I’d need the developers consent to any alterations. Does anyone here have any experience of this and whether they could enforce such a restriction once I own the freehold?
Yes they can enforce it BUT the reality is they are very very unlikely to do so unless somebody (neighbour) complains
They are more bothered about the development "looking nice" whilst they try to sell the remaining properties and once they have finished the development they will be even less interested.
We have similar round here...numerous garden rooms added, driveways redesigned, garage doors changed etc etc all within 4 years of houses being built, absolutely zero interest from the developer
They are more bothered about the development "looking nice" whilst they try to sell the remaining properties and once they have finished the development they will be even less interested.
We have similar round here...numerous garden rooms added, driveways redesigned, garage doors changed etc etc all within 4 years of houses being built, absolutely zero interest from the developer
Another reason for it over & above keeping their development looking nice is the NHBC guarantee.
If you do changes to your house in this time & then have an issue which means you have to refer to the guarantee for redress, expect them to try their best to walk away from the guarantee.
Probably best to seek clarification from the builder to see if there is a contractor that they will accept to do the work, as this is frequently well considered, a friend has just bought & had exactly this over a different modification to spec.
If you do changes to your house in this time & then have an issue which means you have to refer to the guarantee for redress, expect them to try their best to walk away from the guarantee.
Probably best to seek clarification from the builder to see if there is a contractor that they will accept to do the work, as this is frequently well considered, a friend has just bought & had exactly this over a different modification to spec.
I know someone who had exactly this issue and, after receiving developer approval, fitted a single wide door in place of two standard doors and the central pillar.
As pointed out earlier, the convenants, which can include no commercial vehicles etc. are only enforced to keep the development looking appealing to new buyers. If your garage door doesn't attract from the appeal then they'll approve - best keep to a standard colour etc!
As pointed out earlier, the convenants, which can include no commercial vehicles etc. are only enforced to keep the development looking appealing to new buyers. If your garage door doesn't attract from the appeal then they'll approve - best keep to a standard colour etc!
said:bad company said:
I wasn’t sure whether to post this here or in the homes section.
We’re hopefully about to buy a new build house. There’s a double garage with a central pillar and smallest possible up & over doors. I can get my current car (BMW 3 series G20) in with about 1 inch either side but I don’t want to be restricted when I change my car so really want to remove the central pillar and install one large garage door.
I checked this with my conveyancing solicitor who advised that there’s a restrictive covenant for the first 10 years of ownership which means I’d need the developers consent to any alterations. Does anyone here have any experience of this and whether they could enforce such a restriction once I own the freehold?
You do realise that central pillar is holding the roof up?We’re hopefully about to buy a new build house. There’s a double garage with a central pillar and smallest possible up & over doors. I can get my current car (BMW 3 series G20) in with about 1 inch either side but I don’t want to be restricted when I change my car so really want to remove the central pillar and install one large garage door.
I checked this with my conveyancing solicitor who advised that there’s a restrictive covenant for the first 10 years of ownership which means I’d need the developers consent to any alterations. Does anyone here have any experience of this and whether they could enforce such a restriction once I own the freehold?
The roof will be made of the lightest possible stuff.
Lots of things go wrong on new builds and if you change anything the warranty goes out the window.
In the current market, you might have enough clout to get the door changed.
Who is the covenant for the benefit of? Is it a company that's going to stick around?
How many of the other houses are sold? They might accept changing the covenant to expire when all the nearby houses are sold, or write in an exception for the garage door.
OutInTheShed said:
You do realise that central pillar is holding the roof up?
The roof will be made of the lightest possible stuff.
Lots of things go wrong on new builds and if you change anything the warranty goes out the window.
In the current market, you might have enough clout to get the door changed.
Who is the covenant for the benefit of? Is it a company that's going to stick around?
How many of the other houses are sold? They might accept changing the covenant to expire when all the nearby houses are sold, or write in an exception for the garage door.
Yes. At the moment there’s 2 steels from the sides resting on the central pillar. It’ll need a longer steel to support the roof.The roof will be made of the lightest possible stuff.
Lots of things go wrong on new builds and if you change anything the warranty goes out the window.
In the current market, you might have enough clout to get the door changed.
Who is the covenant for the benefit of? Is it a company that's going to stick around?
How many of the other houses are sold? They might accept changing the covenant to expire when all the nearby houses are sold, or write in an exception for the garage door.
The builder is Abbey Homes, a large outfit. The development is for 36 houses about 5 are finished so they’ll still due to be building until around next April.
I am alright Jack said:
If you don't uphold the covenants or get approval in writing from the holders to modify the garage it will come back and haunt you when you come to sell.
I won’t be getting the work done without approval.Thanks for your help everyone. I’ll be onto it through the agent Monday morning.
There are a number of restrictive covenants on our small housing development. Generally speaking, as other people have said, once the development is finished, the builders don’t give a monkeys. However, when we wanted to add on orangery/conservatory to our house, we asked the builders for permission. They went into it in quite a lot of detail, inspecting the plans and issuing a compliance certificate for a small fee (around £100). We were told that this would minimise the chances of any problems if/when we decide to sell, which is why we did it.
If you really want to change the garage door and it involves any potential structural changes, it is probably best to ask the builders if they can do it. If that isn’t possible, it is probably best to get their permission for you to have it done yourself. Good luck.
If you really want to change the garage door and it involves any potential structural changes, it is probably best to ask the builders if they can do it. If that isn’t possible, it is probably best to get their permission for you to have it done yourself. Good luck.
bad company said:
Yes. At the moment there’s 2 steels from the sides resting on the central pillar. It’ll need a longer steel to support the roof.
The builder is Abbey Homes, a large outfit. The development is for 36 houses about 5 are finished so they’ll still due to be building until around next April.
Ask a structural engineer. The builder is Abbey Homes, a large outfit. The development is for 36 houses about 5 are finished so they’ll still due to be building until around next April.
Remember is is not just longer but generally larger. The engineer will specify a maximum level of flex and the same steel just twice as long is unlikely to be sufficient. The shell will have been sized for a small span.
A new build place will have the cheapest materials utilised and that central pillar will be holding the roof up.
You need to check very carefully how that garage is constructed . It's doubtful it will have a RSJ , they rely on the central pillar for both the roof and hanging of the door.
Not all builders are the same but know of a couple who have 126 faults with their 3month old house. It's around 5 miles from where we are in Hethel Norfolk and no one around here could believe how quickly these houses were slung up, incredible speed..
You need to check very carefully how that garage is constructed . It's doubtful it will have a RSJ , they rely on the central pillar for both the roof and hanging of the door.
Not all builders are the same but know of a couple who have 126 faults with their 3month old house. It's around 5 miles from where we are in Hethel Norfolk and no one around here could believe how quickly these houses were slung up, incredible speed..
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