Partner buying house – item on the solicitor's documentation

contacting experienced people is always a good idea. The reason i recommended the local council building regs surveyor is they don’t charge until work progresses, are aware of what needs to happen to meet the regs and will point you in the direction of builders and architects for drawings and structural engineers for the calculations, simples really

Having a good working relationship with the building regs surveyor is a good start.

No time limits of which I’m aware – statutory or otherwise.

Internal/external or addirions matter only if the work required is structural or, if it is within the maximum permitted area increase. If it is in excess, planning approval may be required.

Hi, one of the sections says “you cannot make alterations to house without consulting builder” and they state the builder. What has it got to do with a builder what she does to her house ? She only wants to knock a wall down between front room and back room. Any ideas ?

Is there a time limit after which you can alter the house i wonder.
Is this ruling for internal work/ interior layout or external additions i e extension,conservatory.

Blimey ! Thanks for all the advice.

Re 7

Yes, if no one in the meantime, has bothered to have it removed.

Very interesting and knowledgeable replies, what if the original builder is dead, is the covenant still in force?

Look in Yellow Pages or, equivalent and select a chartered building surveyor. The question you need answered: is the proposed removal/alteration structural?

In other words, will said removal/alteration cause interference with the stability of the structure of the property?

If the answer is yes, you will need a builder who knows how to deal with the problem and/or a structural engineer to recalculate loadings etc. Also, advise the local authority buildings regs.

If the answer is no, proceed with caution but preferably with advice from an experienced builder.

Covenants can be removed. You should apply to a County Court for an order. If you do it yourself, cost minimal.

as been said, any alterations to properties need to have the correct supporting documentation, it’s part of section ‘P’ of the building regulations and part of the conveyancing documentation.

You may well make the alteration, but it will need checking and verifying by a qualified tradesman.

Room enlargements, wall removals will need the support of a structural engineer report and calculations who will provide the required beam size and size and construction of wall piers/pads which the builder will follow, while the work is ongoing visits by the county building regs surveyor will come out and sign off the work stages, so that means you will need to advise them and get permission.

If you go along the route of just doing, then it will cause big trouble when the property is sold, not with-standing that any insurance you have will be void as the work has not been carried out in the correct manner.

Sorry about bringing sad tidings, it’s just the way it is now.

My advise is get in contact with your local county building surveyor and have a chat, they are very helpful, knowledgeable people and will give you good advise.

Could also be to protect the price of the house if builder still has similar, perhaps not yet built houses to sell.

My daughter once ought a property in that situation – no alterations or extensions for three years from date of completion of sale, I believe. She could have sold it unaltered within that period, though.

It sounds like you are quoting from a restrictive covenant in the deeds entered into when the house was first conveyed from the developer to the first owner who may or may not have been your partner. As such it binds the house and the land on which it stands. There is no way around it. Your partner should ask the builder for permission to make the alteration. Be prepared to submit a plan showing what is to be done and a specification of the work. Don’t be surprised if the builder wants a fee for looking at it. If he approves it he must do so in writing. Best thing is to put his Company stamp on the plan, write on it approved under the covenant (quoting the document under which it arises) and sign it.

If your partner ignores the covenant then expect a big problem on resale. Another Solicitor will pick it up and put the brakes on until your partner takes out a restrictive covenant indemnity policy through an insurance company for XXX GBP. Expensive and time wasting.

It might be to cover the builder and the vendor against liability for damage or loss caused as a result of alterations going wrong at a later date.

The original builder will have the plans and material spec for the house and would be best placed to advise whether planned alterations would weaken or otherwise affect structural integrity.

I have relatives in the building trade, and they can tell stories about botched alterations and extensions that would have you lying awake at night listening out for an ominous creaking sound. 😀