• Covenant And No Building Regs

    By Guest on 06th May 2020

    If we have a covenant on our house can we forego doing a retrospective buildings regs on removal of load bearing wall? I understand if we didn't sell for 20 years or more, not even mortgage companies would have an issue, but worried about covenant and causing hassle for whoever sells

  • 2 Answers

    By NotaryExpress on 07/05/2020

    What does the covenant say? You might be mixing up restrictive covenants with building regulations - they are different things. When carrying out works to a property you should always check:

    1. Do you need planning permission?
    2. Do you need building regulations?
    3. Do you need consent under any restrictive covenants on the title?
    4. (if leasehold) Do you need consent under the lease?

    If there is a lack of building regulations then enforcement action becomes unlikely after a couple of years but it's likely that a future buyer will request an indemnity policy (less likely if the works were carried out over 20 years ago which is a common cut-off time in the industry).

    If you are looking for a conveyancer for your house sale, give us a call on 03333 122 221.

    www.notaryexpress.co.uk

  • By Guest on 07/05/2020

    Thanks for replying. There is definitely a covenant re any alterations and the load bearing wall should have had building regs so we have both! That being the case, do we have no choice but to do a retrospective building regs or would be able to sell the house without it in another 10 years say? What would happen re covenant if no regs obtained 20+ years before?

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