Restrictive covenant

[vegetablelasagne]

Hi,

 

I'm just about to buy a house that has an old covenant stating that I can't build or obstruct a boundary wall of more than 3ft high along the norther part of the site.

However, I'm planning on building an extension along this boundary - will this be allowed?

 

My solicitor has told me that if I breach the covenant, all I will have to do is pay an indemnity, but I've read elsewhere that I might need to pull the extension down.

 

Can anyone give any advice regarding this?

 

Thanks.

[honeybee13]

I suppose you could speak to the council's planning department. Will you be applying for planning permission?

 

HB

[vegetablelasagne]

Thanks Honeybee13 - is this who I need to speak with then - are all planning apps different - there's no difinitive yay or nay?

 

 

[honeybee13]

I haven't been through the planning process, I'm afraid. But I would start with looking at the website of the local authority to see what information is there.

 

ETA: Link

 

Planning permission - GOV.UK

WWW.GOV.UK

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When you need planning permission, where to apply, what counts as permitted development and how to appeal a...

 

HB

[Ethel Street]

How old is your house, when was the restrictive covenant imposed?

 

The practical issue with restrictive covenants is whether there is likely to be anyone around any longer who would want to enforce it. What is on the other side of the northern part of your property to which the covenant applies?

 

If you are not familiar with restrictive covenants have a look at this explanation (a search will bring up many similar explanations) --->  Five Things Everyone Should Know About Restrictive Covenants - Hart Reade

 

 

Restrictive covenants have nothing to do with planning permission so I'm afraid it's unlikely the local council will be able to help. You are already discussing it with your solicitior so they are best placed to answer the question you have asked here.