HiI have planning permission from my council to build a house in my gardem. On my deeds it says : "Not to erect any buildings or other structures on the property other than those previously approved by the Transferor in writing". The transferor is the council. They have a covenant application form. If I fill it in and they refuse to clear the restriction, where do I stand?Should I just get indemnity insurance and carry on with my build?Thanks,
HiThanks for your question. Indemnity Insurance obviously just covers you against your losses in the event that the council seek to enforce the covenant and require you do stop the build and reinstate the original building. The problem here is that indemnity insurance is not available when you have revealed the works to the person with the benefit of the covenants ( in this case the council). Therefore if you have disclosed the works in your planning permission then this will probably mean that you are now precluded from getting indemnity insurance, because they are aware of the potential works. A further problem with indemnity insurance is that most require that the breach of the covenant must have existed for 12 months minimum. If you haven’t completed the building then you don’t meet this criteria either. Better to send of the application form and then appeal any refusal to grant consent on the basis that it is an unreasonable and disproportionate exercise of the covenant and the spirit of the covenant. I expect that they will be fine and give consent since the reasons behind the decision to grant consent are similar to planning anyway: environmental impact, continuity of the development/area etc. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
Many thanks. Just out of interest who is the body that I would appeal to regarding any refusal ?
Hi, That would be the Lands Tribunal:-http://www.justice.gov.uk/tribunals/landsPlease remember to rate my answer. Kind regardsTom
BA (Hons), PgDip, Practising Solicitor
I've filled in my council's covenant application form, in theory, could I start to build before I hear from them?
Well, yes, obviously you coudl physically start the build but that does not mean they are any more likely to grant consent. I would wait personally, simply so you don't expose yourself to sunk costs...Kind regards.Tom
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