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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10633
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am selling my house my buyers solicitiors asked me to provide

Resolved Question:

I am selling my house my buyers solicitiors asked me to provide covenant consent for the garage conversion we do have building regulations certificate
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi


How Old is the covenant in question please?


Tom
Customer: replied 3 years ago.

the property was built in2002. I bought the proterty in2007 .although we had a garage The pluming for the washing machine was half way in the garage .so you had awashing machine or agarage.you could not get your car in if you had your washing machine in their .so we changed it from garage to kitchen

Customer: replied 3 years ago.

you are taking a longer time than I expected to reply

Customer: replied 3 years ago.
Relist: Other.
I did not get an answerIwould like an answer or my payment returned
Customer: replied 3 years ago.
Relist: Other.
I did not get an answerIwould like an answer or my payment returned
Customer: replied 3 years ago.
Relist: Answer quality.
I did not get an answered
Expert:  Aston Lawyer replied 3 years ago.
Hi there,

Thanks for your enquiry.

As my colleague is off line, I will assist you with your enquiry.

I note that you obtained a Building Regs completion certificate, but I note your original post states that the Buyer's Solicitor is asking for covenant consent. This therefore means there must be a covenant n your Deeds stipulating that a previous owner's consent is required for such alterations- this may be the original Developer who built the property.

On the basis that you did not obtain this consent, which wouldn't be unusual, the usual solution is to either try and obtain retrospective consent (which may take time and whoever's consent you need to obtain may indeed charge a fee for granting consent) or your Solicitor can arrange what is called a "restrictive covenant indemnity policy".

This acts as an Insurance policy for your Buyer so that in the unlikely event of the third party with the benefit of the covenant, coming forward at a later date and disputing the work, your Buyer would be protected.
This is a quick and easy way around this potential problem but does come at a cost. However, depending on the value of your property, a Policy can be obtained at a cost of £65-£150, the payment for which your Solicitor will take on completion from the Sale proceeds. You don't therefore have to part with this money now.

I'm afraid it would be normal for a Seller to pay for this policy.

I hope this assists, but please let me know if you require any further clarification.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10633
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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