Hi, I recently purchased an old run down house which we have plans to knockdown and rebuild. The land has the following covenant from its title in 1992: "That not less than 70 per centum of the external walls of such dwelling (excluding verandahs) shall consist of brick, brick veneer, stone or like materials" I am just curious to see if there are ways to get around this, or if council even pick this up when you build a rescode compliant house on the land. Any feedback would be appreciated. Cheers,
Could easily be picked up by your private building surveyor or the Council building surveyor. Titles are checked, when building approval sought. Covenants can be removed, but it's a bit of a messy process, depends on the numbers in the original subdivision as those properties will be beneficiaries and will be notified.
Thats one for a solicitor. It is a legal impediment. Sometime the covenent is made by a party who will no longer enforce it eg a initial new subdivision. Some areas have the convenant also with the consent and requirement of council. Common for new subdivs incl no sub-division, no secondary dwellings, pine timber fence, landscape and driveways, no colourbond or all colourbond, no visible solar, no gas hws, , the stone and like materials, tile roofing etc. My son has one where all landscape plans must be approved and completed within XXX days of moving in. Developer holds a security bond that is only released when its accepted. ie they give you back your own $$$. Quite strict in what is allowed or not allowed incl plant types, letterbox style etc. Developer has right to remedy any non-complying from the bond. Yes they can dig up your front yard it seems using your own money. Also one which stops resale of vacant land without consent. Pretty common in some estates.
Also, some subdivisions register the covenant in favour of all other lots in that stage of the development so that when the developer departs, the covenant can still be enforced. They can be a pain in the butt to get consent for non-complying things in the future.
What material are you wanting to build with? Can apply to vary the covenent to add such material, ie if you want to build a rendered dwelling: "That not less than 70 per centum of the external walls of such dwelling (excluding verandahs) shall consist of brick, brick veneer, stone, RENDER, or like materials" Or if you wanting to build with half the dwelling with weatherboard, and half with brick, you could apply to vary the covenant as follows: "That not less than "50" per centum of the external walls of such dwelling (excluding verandahs) shall consist of brick, brick veneer, stone or like materials" This way you arent removing the cov, just varying it, which dominate tenements (other members of the covenant), are generally more agreeable with. Talk with your designer, if they dont have experience with this, then ask your planner, or get a specialist planner. We have worked previously with Robert Easton, who is a planner that specialises in covenants. Good luck, keep us posted on your experience.
