Garage conversion

[drabhi]

Hello all,

I am in a process of buying a 1979 property. The existing garage has a covenant(only to be used as garage as per the documents).

Can I convert that garage in a living room??
If yes how should I proceed??

I am not sure whether the original developer " Asherfield Properties" does exist. ON google search the company ceases to exist apparently.

Pls advise
Thanks

 

[GeoffJ]

garage conversion in most cases is permitted development. it is unlikely that the developer (if they existed) would be interested in asserting the covenant.

You can adopt a "don't ask don't tell" attitude and do the conversion anyway - check that PD rights apply (almost certainly they will).

When you come to eventually sell the house there may be some issues - you may need to purchase indemnity insurance to satisfy the new buyers mortgage provider? Or purchase it when you make the the change yourself. if you research the developer, locate them and then ask permission and they say "no" - then you will not be able to buy insurance and you will be in a difficult position.

 

[GeoffJ]

One other thing, a simple search of google "registered address Asherfield Properties" produces several hits - some stating that the company is dormant. Are any of these your developer?

 

[drabhi]

garage conversion in most cases is permitted development. it is unlikely that the developer (if they existed) would be interested in asserting the covenant.

You can adopt a "don't ask don't tell" attitude and do the conversion anyway - check that PD rights apply (almost certainly they will).

When you come to eventually sell the house there may be some issues - you may need to purchase indemnity insurance to satisfy the new buyers mortgage provider? Or purchase it when you make the the change yourself. if you research the developer, locate them and then ask permission and they say "no" - then you will not be able to buy insurance and you will be in a difficult position.

Thanks...I have raised the queries with the sellers lawyers...shall await their reply on same and then do as you suggested...

 

[drabhi]

One other thing, a simple search of google "registered address Asherfield Properties" produces several hits - some stating that the company is dormant. Are any of these your developer?

Sorry...its actually ESHERFIELD Properties

 

[drabhi]

Sorry...its actually ESHERFIELD Properties

Its dissolved on company check website

 

[GeoffJ]

Its dissolved on company check website

So they are not they going to be chasing you down!!

Whilst ESHERFIELD Properties is dissolved, their rights could have been acquired by another company or individual. The current owner of those rights may step forward at some point in the future. That is why the prospective mortgage company may insist that insurance is obtained against this very small risk. The insurance is a form of legalised rip-off as it is very expensive for the tiny risk that is covered. But that is often the requirement.

 

[^woody^]

The council or the neighbours could be a beneficiary of this covenant, and so could enforce it.

It's a big risk unless you know the full details of who the beneficiaries are. Plus, it will get picked up at your sale time, unless you get the covenant removed.

 

[^woody^]

garage conversion in most cases is permitted development

Which has got nothing to do with covenants.

And PD is often removed on properties of this age onwards.

 

[drabhi]

Which has got nothing to do with covenants.

And PD is often removed on properties of this age onwards.

PD??

 

[tony1851]

PD??

Permitted Development; this is work which can be done without specific planning permission.
But on many modern housing developments, councils often remove permitted development rights so that planning permission
must always be obtained. Garage conversion is frequently a case in point.

 

[Deleted member 242536]

The documents will state who benefits from the covenant and in some cases will insert a consent clause. It doesn't matter who inserted the covenant, what matters is who benefits from it. Wait for the replies to enquiries and ensure a suitable response is given to the covenant. If you wish to convert it into a living room an indemnity policy will not work because at this point there has been no breach. The title documents will contain information about who benefits from the covenant. If it can be proven that no one benefits from the covenant then there should be a way to have it removed. Speak to your solicitors in relation and they will be able to advise.