Selling Our Home & Question Arisen

[HongKongphooey]

We are in the process of selling our 3 bed semi and the buyers solicitor has said he wants proof of right to build for some decking we put in about 5 years ago because it covers a drain/sewer. I've told them it has a large access cover incorporated in the decking which can be raised to get at the manhole very easily. But Ive never heard of 'right to build proof' It's wooden decking, never heard of anyone having to get right to build for decking? Also he's asking for restricted covenant consent for the decking, some patio doors we put in, after we moved here 7 yrs ago and the garage (which was built at same time as the house from new in 1969!!) I don't know what he means

[ladybirder]

Have you asked your own solicitor?

[HongKongphooey]

Yes, I emailed her straight back this afternoon, only got these queries this morning. Bearing in mind it's Friday, she was probably on early doors back home this afternoon by the time she got my email!

[Buenchico]

I'd love to hear from people who know far more about the law than I do but, as I see it, the solicitor is talking rubbish in respect of the "right to build".  Such a right only comes into play when someone is seeking a plot of land upon which to build a home:
https://www.homebuilding.co.uk/advice/right-to-build

In the vast majority of cases, planning consent isn't required for decking either (as it's classed as a 'permitted development'):
https://www.planningportal.co.uk/permission/common-projects/decking/planning-permission

(However, if planning consent is required for some reason, then Buildings Regulations approval is almost certainly also needed).

With regard to the 'restrictive covenant consent' bit, it appears that the solicitor has found one or more covenants within the title register for the property which prohibit certain types of changes to the property or its environs.  He's therefore wanting to see proof that the holder of the covenant (which might be the original developer, that developer's successor or the local authority) has granted permission for you (or a previous owner of the property) to make changes which are otherwise barred by those covenants.

As an example, all of the houses around here have a covenant in place which states front gardens must be 'laid mainly to lawn'.  Quite a few homeowners though have paved over their front gardens to provide additional parking spaces.  When one of them comes to sell, they might well find that the buyer's solicitor requires proof that Barratt Homes (who imposed the covenants about 40 years ago) has consented to changes which are otherwise prohibited.

A common way to get around such problems though is to purchase restrictive covenant indemnity insurance, which insures the property owner, and (importantly) his/her succcessors too, against having to pay out money due to an old covenant suddenly being enforced.

If I was in your situation, I'd start by getting hold of a copy of the title register for the property, in order to find out what restrictive covenants are actually in place upon it.  It'll cost you £3 here:
https://www.gov.uk/search-property-information-land-registry

[HongKongphooey]

Thanks so much Buenchico, that's very informative. I'll get onto land registry tomorrow for the title deeds. All these questions are stressing me out...my husband says b****r him, tell him he can buy somewhere else if he doesn't like it, but I really want to move and our offer on our next home is dependent on selling this one!