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Covenant Removal and Planning Permission

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  • Covenant Removal and Planning Permission

    Hi all,

    We're looking to build a house on land which is currently our garden. We do have a restrictive covenant which says "not to erect any building or other structure without permission.." (from the local authority). Other properties on our estate have had this covenant removed, which I know doesn't guarantee anything..

    However, is it best to apply for planning permission first then get apply for the covenant removal, or get the covenant removed first? I only ask as the council want 1% of the build cost of anything built, I don't want to pay this then get refused planning permission.

    I don't really want to pay for covenant removal, then get planning permission refused, they don't do refunds

    I'd be grateful for any advice..

    Many thanks,

  • #2
    Re: Covenant Removal and Planning Permission

    You go for the planning permission first. Then apply to have the covenant removed, or more likely, for specific permission under the covenant for the construction of what the planing permission allows.

    It is always a matter of negotiation with the covenant holder but usually you will have to pay 33-50% of the increase in value of the land by reason of the planning permission.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.