How Restrictive Covenants Can Affect Your Renovation Plans
In this article, we’ll be exploring how restrictive covenants could affect your renovation plans and what you can do about it…
Renovating your home is an exciting prospect but unfortunately, it is not just a case of getting on with the work. For certain types of renovation work, you have to gain permission before beginning work.
This can add time to your project but without permission, you could be in breach of the law. This could mean that any work you do undertake might have to be demolished, wasting time and money. You might also find that you receive a fine or other penalty if you do not adhere to the restrictions.
If you are looking to renovate a property then it can help to speak with restrictive covenants solicitors. This will ensure that you have the right advice and make informed decisions at every step of the way.
Below we’ll be exploring exactly how restrictive covenants can impact your renovation plans and what you can do about it.
What Are Restrictive Covenants?
Restrictive covenants are agreements or clauses that limit what a property owner can do with their property. These restrictions can affect renovation plans and limit a property owner’s ability to make changes to their property. In the UK, there are several types of restrictive covenants that can be placed on a property.
Types of Restrictive Covenants in the UK
Below are a few different types of restrictive covenants in the UK.
Building restrictions
Building restrictions are covenants that limit the type of structure that can be built on a property. This can include restrictions on the height, size, or materials used in construction. These restrictions are often put in place to maintain the appearance and character of an area.
Use restrictions
Use restrictions limit the type of activity that can take place on a property. For example, a property may have a restriction on commercial use or a restriction on the number of residential units that can be built.
Easements
An easement is a right that allows one property owner to use another property for a specific purpose. For example, an easement may allow a property owner to access their property through a neighbouring property. Easements can affect renovation plans if they limit the use of a property or restrict access.
Planning restrictions
Planning restrictions are restrictions that are imposed by local authorities to control development in a specific area. For example, a planning restriction may limit the size or type of structure that can be built on a property.
Party wall agreements
A party wall agreement is a legal agreement between property owners that outlines the rights and responsibilities of each property owner with respect to a shared wall or boundary. These agreements can affect renovation plans if they limit the type of work that can be done on a shared wall or boundary.
Enforcing Restrictive Covenants in the UK
Restrictive covenants are enforceable in the UK, and property owners must comply with these agreements. If a property owner violates a restrictive covenant, the affected parties can take legal action to enforce the covenant.
It is important to note that restrictive covenants can be amended or removed with the consent of all parties involved. Property owners who wish to make changes to their property that are restricted by a covenant should seek legal advice to determine the best course of action.
Discovering Restrictive Covenants on a Property
Restrictive covenants are agreements or clauses that can limit what a property owner can do with their property, and it’s important to know if there are any of these covenants in place on the property, you’re interested in. The good news is that finding out about restrictive covenants on a property is a straightforward process.
The first place to check for restrictive covenants on a property is the Land Charges Register of the title document. This document is a comprehensive record of the property and will list any restrictive covenants that have been imposed on it.
Please keep in mind that the Land Charges Register only pertains to registered land and property. If the property you’re interested in is unregistered, the Land Registry will not have any information on it.
Taking care with your renovation plans…
Restrictive covenants are agreements or clauses that limit what a property owner can do with their property. There are several types of restrictive covenants in the UK, including building restrictions, use restrictions, easements, planning restrictions, and party wall agreements. Property owners must comply with restrictive covenants, but these agreements can be amended or removed with the consent of all parties involved. If a property owner wishes to make changes to their property that are restricted by a covenant, they should seek legal advice to determine the best course of action.
Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a restrictive covenants lawyer/solicitor if you’re seeking advice on residential property disputes. We are not liable for risks or issues associated with using or acting upon the information on this site.
