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Buachaill, Barrister
Category: Law
Satisfied Customers: 11201
Experience:  Barrister 17 years experience
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I purchased ex council house With restrictive covenant as

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hi I purchased ex council house With restrictive covenant as below, I have applied for planning permission and wondering if restrictive covenant can prohibit in building new house?not to use property other than as a single private dwelling house and not to erect any other dwelling house on the property or any part thereof
Assistant: Where are you located? It matters because laws vary by location.
Customer: Hillingdon London borough
Assistant: Has anything been filed or reported?
Customer: applied for planning
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: no
Customer: replied 5 months ago.
There is nothing in restrictive covenant regarding splitting land, can I split land first and register it on my wife name before starting any construction work.
Customer: replied 5 months ago.
title photo attached that includes original house no. 2.
Customer: replied 5 months ago.
I have been advised to contact Hillingdon council but if they will ask for huge sums of money or profit sharing the project will not worth. I want to find out if covenant is enforceable with the wording and if there is any other way around?

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. The first thing you need to realise is, as you are probably aware from your question, this restrictive covenant does prohibit the building of a second house. There is no lawful way around the covenant unless Hillingdon Council who obviously hold the benefit of the covenant give you a Deed of Release from it.

2. Be aware that splitting the Folio does not aid you here, as the burden of the restrictive covenant then affects each divided piece. There is no magic to dividing the Folio, as the covenant simply continues to affect both new Folios.

3. The advice you got to speak to Hillingdon Council is the correct advice. This is because you need to get a Deed of Release to allow you to build. Otherwise, the covenant will simply be enforced and you will be prevented from building.

4. You also need to realise in not objecting to your planning permission application the Council were fully aware of the limitations upon you building. Similarly, if it was Hillingdon Council who gave you the planning permission, they are waiting for you to seek a Deed of Release.

5. Be aware that a Restrictive covenant is like a halter tying two legs of a horse together. Until there is a Release, there is no go forward momentum.

Customer: replied 5 months ago.
thanks. I am trying to find correct people to talk to in Hillingdon borough. Hillingdon Homes Ltd were used to provide consent for building/alterations previously and I am aware that extensions etc were allowed by council without any objection or cost. Hillingdon Homes ltd is dissolved now and council homes department don't have much understanding of covenant and I am like against brick wall. Do you have any idea how much money usually council expect for releasing deeds?

6. The amount will be small. It is never above GBP 10,000 WHEN there is sufficient room to build. You should realise that the Council, in principle, aren't against you building because they didn't object to your planning permission. If they believed building should not occur, they would have objected to the planning permission.

7. You should seek to speak to someone in the legal department of the Council or to the Council's solicitors. They will understand the situation and give you a Deed of Release, provided you pay some money to the council.

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