How restrictive are restrictive covenants, really?
Discussion
Further to another thread I have going, I'm right at the stage of exchanging contracts on my new build. The estate is a large one and I'm amongst the last buyers to purchase. The contract includes a restrictive covenant
Not to erect any building or structure on the Property nor to erect or make any extension or alteration
to the exterior of the dwelling thereon without having first obtained:-
[Stuff about getting planning permission]....
(c) the approval of the Transferor to the plans elevations and specification of any such building
structure extension or alteration to be carried out within five years of the date hereof and in any
event not to erect upon the Property or part thereof any additional dwellinghouse (the application
for approval to be accompanied by the appropriate fee set from time to time by the Transferor in respect of such application)
Essentially no "alterations" for five years without consent.
I fully intend to install A/C which can also provide heat (therefore qualifying for permitted development rights) as soon as I move in, with the unit either being on the wall at the back of the house, or down the side (but this would overhang an access path at first floor level that sits outside of my boundary so may invite trouble)
Assuming I go for the rear wall option then all that would be (barely) visible from the front would be the conduit running down the side wall - with my neighbours house directly next to it a few feet away, so essentially not visible unless you're standing directly in front and between the houses looking down the side path. It would of course be very visible on the back as it would need to be installed at first floor level and I'm overlooked by 3 or 4 houses.
I've got the chance to raise this during the contract exchange and either ask "does installing a heat pump count as a property alteration?" (they may say no?!), or, "please provide confirmation from the seller of their consent to my installing a heat pump"
Alternatively, I just do nothing, move in, and install the system.
I did it the proper way in my apartment and got freeholder consent and it was honestly a waste of time - I think in this case I could just go ahead and after 5 years I'm clear, and if they do raise something then it looks like I just need their consent which I feel they'd be unlikely to refuse? It's bad enough they built it with a gas boiler in 2026 to begin with never mind if they then actively refused a heat pump installation...
What would the PH hive mind view be on this? I feel like people must violate their covenants all the time (installing sheds, painting things different colours etc) without ever hearing anything about it
ETA - just occurred to me I also want to put a slightly larger garden shed in and this would also be caught up in the covenant, the more I think about it the more I think it's probably a technicality that they rarely enforce except in extreme cases
Not to erect any building or structure on the Property nor to erect or make any extension or alteration
to the exterior of the dwelling thereon without having first obtained:-
[Stuff about getting planning permission]....
(c) the approval of the Transferor to the plans elevations and specification of any such building
structure extension or alteration to be carried out within five years of the date hereof and in any
event not to erect upon the Property or part thereof any additional dwellinghouse (the application
for approval to be accompanied by the appropriate fee set from time to time by the Transferor in respect of such application)
Essentially no "alterations" for five years without consent.
I fully intend to install A/C which can also provide heat (therefore qualifying for permitted development rights) as soon as I move in, with the unit either being on the wall at the back of the house, or down the side (but this would overhang an access path at first floor level that sits outside of my boundary so may invite trouble)
Assuming I go for the rear wall option then all that would be (barely) visible from the front would be the conduit running down the side wall - with my neighbours house directly next to it a few feet away, so essentially not visible unless you're standing directly in front and between the houses looking down the side path. It would of course be very visible on the back as it would need to be installed at first floor level and I'm overlooked by 3 or 4 houses.
I've got the chance to raise this during the contract exchange and either ask "does installing a heat pump count as a property alteration?" (they may say no?!), or, "please provide confirmation from the seller of their consent to my installing a heat pump"
Alternatively, I just do nothing, move in, and install the system.
I did it the proper way in my apartment and got freeholder consent and it was honestly a waste of time - I think in this case I could just go ahead and after 5 years I'm clear, and if they do raise something then it looks like I just need their consent which I feel they'd be unlikely to refuse? It's bad enough they built it with a gas boiler in 2026 to begin with never mind if they then actively refused a heat pump installation...
What would the PH hive mind view be on this? I feel like people must violate their covenants all the time (installing sheds, painting things different colours etc) without ever hearing anything about it
ETA - just occurred to me I also want to put a slightly larger garden shed in and this would also be caught up in the covenant, the more I think about it the more I think it's probably a technicality that they rarely enforce except in extreme cases
Edited by Blue Oval84 on Tuesday 28th April 22:47
Edited by Blue Oval84 on Tuesday 28th April 22:48
I wasn’t supposed to have a van at my last house, there were at least 3 from day one of the houses being built, no one was supposed to have an external TV aerial, there were half a dozen, the front doors were to be kept white, loads had them changed to other colours, I converted my loft without asking permission ( I got building regs) I never heard a thing.
This has been done to death on ph. Do not assume the comments above are correct.
Developers can and do enforce covenants, I have done it several times.
If it’s a scheme of development covenant any of the other people on the development can enforce it.
For your reference, I am not a lay person on this, for many years I have headed up the department of house builders who decide on covenants and whose team enforces them.
Developers can and do enforce covenants, I have done it several times.
If it’s a scheme of development covenant any of the other people on the development can enforce it.
For your reference, I am not a lay person on this, for many years I have headed up the department of house builders who decide on covenants and whose team enforces them.
I live on a new build estate too, completed 5 years ago. Im sure our covenant is 10 years or more which i thought was a standard thing... happy to be corrected on that.
A few of our neighbours have 'breached' the covenant, different colour front door, sky dish, shed in the garden, small works van on the drive etc. All very inoffensive. I dont think the developers give a toss tbh once they are off site and the sales office is closed interms of checking.
However, thats doesn't make it right. If the breach is likely to cause offence or upset to a neighbour (noisy aircon unit or excessively large shed) they could well report it and it could well be enforced if a neighbour kicks up a fuss. At our old house, a neighbour built a dwarf garden wall (snow white was not happy) and was forced to take it down in breach of the covenant, they rebuilt it after 10 years when the covenant expired.
A few of our neighbours have 'breached' the covenant, different colour front door, sky dish, shed in the garden, small works van on the drive etc. All very inoffensive. I dont think the developers give a toss tbh once they are off site and the sales office is closed interms of checking.
However, thats doesn't make it right. If the breach is likely to cause offence or upset to a neighbour (noisy aircon unit or excessively large shed) they could well report it and it could well be enforced if a neighbour kicks up a fuss. At our old house, a neighbour built a dwarf garden wall (snow white was not happy) and was forced to take it down in breach of the covenant, they rebuilt it after 10 years when the covenant expired.
My parents live on an estate of awful prefab looking bungalows in Keswick. Decided to holiday let the house and all manner of letters came their way from neighbours about the restrictive covenants blah court etc. So they assigned a solicitor to it. He quickly found the estate did have that on the deeds and it was Persimmon homes who built them in 1970 s. A letter to Persimmon elicited a quick reply that they would uphold them. Another solicitors letter back listing the 40+ extensions, 20+ conservatories etc that were now added to the bungalows and all against the covenants and demanding to see the deed of releases which allowed each one of those additions. Persimmons went dead. He decided to knock down the bungalow and pop a new build on it. This also generated many nimby letters and upset and covenant whines. This time his solicitor requested a deed of release from Persimmons and they agreed, if he paid legals. Be aware, If a covenant is unreasonable, obsolete, or the beneficiary is unknown, you can apply to the Land Tribunal to have it modified or removed for zero cost too. I did that at my house, as it said no motor caravans on the drive, and I wanted a camper van!
In short, they can be upheld even decades after. Also Persimmon could sell the covenant to someone else and they come collecting cash, to each house, for non compliance. If a covenant is old and the beneficiary is difficult to locate, insurers can provide coverage against the costs of enforcement and its peanuts. That s also useful indemnity.
In short, they can be upheld even decades after. Also Persimmon could sell the covenant to someone else and they come collecting cash, to each house, for non compliance. If a covenant is old and the beneficiary is difficult to locate, insurers can provide coverage against the costs of enforcement and its peanuts. That s also useful indemnity.
I’d be a bit wary on a newish build.
The covenants are usually there to keep things uniform at first..
My house is 60 years old, every house in the street has broken them. Minimal risk though after the passage of time, any new buyer can pick up covenant insurance for peanuts.
Paste the wording into AI, can give some good insights.
The covenants are usually there to keep things uniform at first..
My house is 60 years old, every house in the street has broken them. Minimal risk though after the passage of time, any new buyer can pick up covenant insurance for peanuts.
Paste the wording into AI, can give some good insights.
The new build we had a few years ago came with all the usual covenants...
- No sign-written vans (every other f
ker had one, and most would be dumped on every corner or spare patch of grass because the tossers don't want them outside their own house)
- No sky dishes on the front elevation (the layout of the estate meant the front of some houses were next to the back of the neighbouring houses)
- No conservatories without written consent (to be fair, most gardens weren't big enough, but there were quite a few and I know not everyone asked)
The developer (Persimmon) didn't give a crap, even when construction was still ongoing.
However, word of caution - we replaced our shed with a garden room, nothing fancy, all fell within permitted development. But when we came to sell the solicitors picked up on this, I vaguely recall we ended up going down the route of some sort of indemnity insurance on the off chance it was ever an issue.
- No sign-written vans (every other f
ker had one, and most would be dumped on every corner or spare patch of grass because the tossers don't want them outside their own house)- No sky dishes on the front elevation (the layout of the estate meant the front of some houses were next to the back of the neighbouring houses)
- No conservatories without written consent (to be fair, most gardens weren't big enough, but there were quite a few and I know not everyone asked)
The developer (Persimmon) didn't give a crap, even when construction was still ongoing.
However, word of caution - we replaced our shed with a garden room, nothing fancy, all fell within permitted development. But when we came to sell the solicitors picked up on this, I vaguely recall we ended up going down the route of some sort of indemnity insurance on the off chance it was ever an issue.
As it's a new build and you haven't exchanged contracts yet, you have an opportunity to get everything properly documented and regularised for little or no cost. Why not go down this path and have all the correct paperwork and be certain that you'll never ever have a headache? It might save you a little bother some way down the line if you need to sell and your buyer's solicitor picks up on the breaches of the covenants, which could cost you £1-400 in unnecessary indemnity insurance and a delay to exchange.
That's assuming you don't have any issues beforehand. I'd consider blueg33's advice very carefully on this as well.
That's assuming you don't have any issues beforehand. I'd consider blueg33's advice very carefully on this as well.
Thanks for all of the above responses, much appreciated.
I doubt the air con will be a nuisance to anyone, I have one on my balcony now and it's never caused a concern, a house would pose even less risk as everything is further away. They really aren't noisy at all, only the aesthetics could cause a concern but that's why it will be in my back garden and I think I'll cover it with some form of decorative cover.
I think if it was a long term covenant I'd be concerned, but this one does specify only the first 5 years, so it seems to me that the absolute worst case scenario would be that if I put it in, someone living within sight of it kicks off, they persuade the builder to enforce the covenant (which the transfer agreement states is done at their expense, not the builder's) then I'd have to either seek their consent or remove the outside box and pipes until I've had the house for 5 years and 1 day, at which point they'd be put back up immediately without breaching any covenant.
Think I've been overthinking it!
I doubt the air con will be a nuisance to anyone, I have one on my balcony now and it's never caused a concern, a house would pose even less risk as everything is further away. They really aren't noisy at all, only the aesthetics could cause a concern but that's why it will be in my back garden and I think I'll cover it with some form of decorative cover.
I think if it was a long term covenant I'd be concerned, but this one does specify only the first 5 years, so it seems to me that the absolute worst case scenario would be that if I put it in, someone living within sight of it kicks off, they persuade the builder to enforce the covenant (which the transfer agreement states is done at their expense, not the builder's) then I'd have to either seek their consent or remove the outside box and pipes until I've had the house for 5 years and 1 day, at which point they'd be put back up immediately without breaching any covenant.
Think I've been overthinking it!
Blue Oval84 said:
Thanks for all of the above responses, much appreciated.
I doubt the air con will be a nuisance to anyone, I have one on my balcony now and it's never caused a concern, a house would pose even less risk as everything is further away. They really aren't noisy at all, only the aesthetics could cause a concern but that's why it will be in my back garden and I think I'll cover it with some form of decorative cover.
I think if it was a long term covenant I'd be concerned, but this one does specify only the first 5 years, so it seems to me that the absolute worst case scenario would be that if I put it in, someone living within sight of it kicks off, they persuade the builder to enforce the covenant (which the transfer agreement states is done at their expense, not the builder's) then I'd have to either seek their consent or remove the outside box and pipes until I've had the house for 5 years and 1 day, at which point they'd be put back up immediately without breaching any covenant.
Think I've been overthinking it!
Thats more of a council issue on the noise front - anything over 42db at the neigbours nearest door/window and the council can act on the noise.I doubt the air con will be a nuisance to anyone, I have one on my balcony now and it's never caused a concern, a house would pose even less risk as everything is further away. They really aren't noisy at all, only the aesthetics could cause a concern but that's why it will be in my back garden and I think I'll cover it with some form of decorative cover.
I think if it was a long term covenant I'd be concerned, but this one does specify only the first 5 years, so it seems to me that the absolute worst case scenario would be that if I put it in, someone living within sight of it kicks off, they persuade the builder to enforce the covenant (which the transfer agreement states is done at their expense, not the builder's) then I'd have to either seek their consent or remove the outside box and pipes until I've had the house for 5 years and 1 day, at which point they'd be put back up immediately without breaching any covenant.
Think I've been overthinking it!
When I bought my house it had loads of covernants that i asked the solicitor about: likes of no vans, trailers,boats... He basically said dont worry about it they're next to impossible to enforce and whoever has the covernant has to really want to go to alot of effort and expense to probably get nowhere unless youve done something so crazy that the planning lot etc are on your case anyway.
Just to add to my comments above, this just popped into my mind. We had a conservatory on our old place, that the previous owners had built, when we sold the property it was picked up by the legals and we had to buy a indemnity policy as we didnt have 'covenant consent', although we had building consent etc etc l, which from memory was less than £30 but was for the new buyers.
Also, when we bought this place new, we had the option to get covenant consent on things like sheds, sky dishes, conservatorys, etc etc for £125.00 (all combined) ahead of completion. It didnt however include vans, caravans, different colour windows/doors etc. I'd say its worth looking into OP.
Also, when we bought this place new, we had the option to get covenant consent on things like sheds, sky dishes, conservatorys, etc etc for £125.00 (all combined) ahead of completion. It didnt however include vans, caravans, different colour windows/doors etc. I'd say its worth looking into OP.
Quote my sales agent when I bought last year "Do your really think we as developer X will come and check your house or take legal action to enforce these once the estate is sold completely?"
We have restrictions on no changes for 5 years, lack of sheds, no painting outdoors, no trades vans on driveways etc.
Place is littered with work vans, outdoor offices and sheds, garages converted and nice colour doors instead of white. And most of us have been in less than a year...
We have restrictions on no changes for 5 years, lack of sheds, no painting outdoors, no trades vans on driveways etc.
Place is littered with work vans, outdoor offices and sheds, garages converted and nice colour doors instead of white. And most of us have been in less than a year...
Blue Oval84 said:
I fully intend to install A/C which can also provide heat (therefore qualifying for permitted development rights) as soon as I move in, with the unit either being on the wall at the back of the house, or down the side (but this would overhang an access path at first floor level that sits outside of my boundary so may invite trouble)
Just be careful where you locate you condenser in relation to your neighbour's bedroom windows. You might run the risk of opening up a whole can of worms, including possibly a can whoop-ass to go with it.Covenants are a waste of time until they are not.
Would a new build developer enforce them ? Maybe maybe not. There is only one way to find out and that may cost you.
To back up the comments above I am currently involved in a covenant enforcement issue involving a £4m property that had now been in limbo for 4 years due to covenants and will result in a very large settlement if consent is given.
They are not toothless.
However the Person enforcing the covenant need to have an interest to do so - and the new build developer does.
Tread carefully and ignore anyone who tells you they are not enforceable. Many may not be. Many may not be worth it .... but if they are ...
Would a new build developer enforce them ? Maybe maybe not. There is only one way to find out and that may cost you.
To back up the comments above I am currently involved in a covenant enforcement issue involving a £4m property that had now been in limbo for 4 years due to covenants and will result in a very large settlement if consent is given.
They are not toothless.
However the Person enforcing the covenant need to have an interest to do so - and the new build developer does.
Tread carefully and ignore anyone who tells you they are not enforceable. Many may not be. Many may not be worth it .... but if they are ...
You have leverage until exchange. Most developers are struggling to sell right now (but won't admit this). Obtain their consent prior to exchange. Very unlikely they'd enforce this for the work proposed unless a neighbour complains to them but consent means you won't be worried and have it hanging over you when you should be enjoying your new home.
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