Deeds stop me converting garage to living room

[fred2]

I am in the process of buying a small modern house on an estate. I want to convert the built-in garage into a living room to make it larger.

However the solicitor has pointed out that the deeds say "Not to use any garage on the Property or permit the same to be used for any purposes other than as a private garage".

Could I simply ignore this? What would be the consequences?
Is there any legal way to get around it?

[WendyS]

I suspect that you cannot ignore this and if you go ahead, the local planning department may have the power to force to convert the room back to a garage. If you really need more space then you should be looking to buy a different house which doesn't have this restriction.

[noxlumos]

Simplest thing to do is ask your local planning dept in theory what this means to them. They could interpret it as "whilst it is a garage not to allow it to be used as any commercial garage" ie "as a private garage only" ( don't carry out car repairs, valeting etc). They may not have any theoretical objection to it being converted to a lounge and may give you permission to do so. Of course you could always just do it anyway, sometimes you get away with things sometimes you do not and as the above poster says if they get all uptight on you then you may have to put it right and lose whatever money you spent converting it, so you'll have to think first if you can afford to do that. I'd personally just ask them before you proceed.Good luck.

[spudqueen]

Are you sure this is the right house for you?!!

[Buenchico]

The only way that you can get a restrictive covenant removed yourself is to petition Parliament to pass an Act specifically to remove the covenant. This, obviously, is not a practical solution.

Your local planning authority has the power to disregard 'redundant' covenants. This would apply, for example, where an old house had a covenant relating to the provision of stabling for horses used by stage coaches. It's unlikely, however, that the planning authority would be minded to disregard the covenant on your house.

As it's unlikely that you'll be able to get the covenant revoked or disregarded, any changes to the garage would be in breach of planning rules. This means that the council would be able to force you to reinstate the garage to its former state.

Note that the convenant seems to restrict the use, as well as the structure, of the garage. If, for example, a market trader was to buy the house and use the garage to store his goods, the council could insist that he removed them.

Chris

[Golden Shred]

The above answers are wrong. The Planning Department are nothing at all to do with your covenant. What you have is a legally enforceable undertaking (a covenant) with your Estate Developer to use the garage only as a garage. The Estate Developer will take you to Court and seek an Injunction to return it to a garage plus damages and costs if you do otherwise. It is quite possible to obtain Planning Permission to change the use of the garage ( the Planning Authority are not required to have knowledge of or take notice of covenants) but your covenant with the Estate Developer completely stops you from using it.

[Buenchico]

To clarify the apparent disparity between my answer and that provided by Golden Shred.

Golden Shred is correct in pointing out that a covenant has to state who the householder has a covenant with (i.e., in this case, the estate developer). Technically, it's up to the developer to enforce the covenant. However, the covenant is almost certainly in place because planning permission was only given to the developer on condition that such covenants were imposed. It is for this reason that the planning authority will be aware of the covenant and refuse to permit any alteration which contravenes it.

Chris

[Golden Shred]

Peurile rambling. The reality is quite different. The planning authority is not in any way, shape or form involved with the covenant. It most certainly will not have imposed it as a condition of any planning permission and again most certainly will not have regard to it in considering any future planning application. It is a standard Estate Developer's covenant with the Purchaser only, and if not complied with will result in a breach of contract civil action by the Estate Developer with condign result for the Purchaser.