Restrictive covenants!

Ok so I put in offer on some rural land that was accepted and I put a holding deposit down. I Read through the contracts and it has some restrictions on what I can build(forehead slap). It has to be a large brick house not the country style I have planned. Is there any way around this or just move on and find something else? Thanks!

 

Can you post a screenshot of the relevant clause?

 

It’s the type material, I was wanting a country cladded style and was only going to build a 3 bedroom house. So the house base not including decking or garage wouldn’t be near 200square meters.

 

It says timber is fine.

In fact, it lists a lot of materials that are OK. It doesn’t have to be brick from the wording posted.

What did you want to clad it with?

200 square metres isn’t really that massive for a single storey house.

 

I think it’s weathertex of some sort I assumed it some composite not wood but I might be wrong. I’ll email the builders Monday and check. The 3 bed 1 bathroom is like just over 100square meters so I’d have to double the size of the house I was thinking. It has large deck/garage whatever but there not included in this size. If the cladding is fine I’m wondering if the size can be negotiated? Probably not was my thinking.

 

How old is the subdivision? Are the covenants still being actively managed by some entity?

 

It’s new, they still have 3 lots to sell, only one lot has commenced building so far.

 

Are you using a volume builder? And is cost the reason you want a smaller house? Or is it maximising the backyard?

What size is the block!

 

It’s 1acre. It’s just me and the dog! We don’t really need extra large house to be honest. I could afford it but don’t really want to just for the sake of it although I really do like the location of the land much more than other sites that I’m pretty sure don’t have these restrictions. Being rural it’s tough to build probably 18months minimum + lots extra costs so I was pretty keen to go modular for speed and look I’ll attach photo of style.

 

I think your right about the panels , I could use a smooth wood paneling along with colour bond roof that would satisfy that I think. Still the size has thrown me a bit. If it included garage and decking I could probably make it work but doubling the base of the house is a bit much.

 

From the screenshot fiber cement or wooden weather boards or fiber cement paneling are all fine.

Is your deposit refundable?

 

Depending on who is empowered to vary, release or modify the covenants, you may be able to request that the covenants be varied, released or modified. If the Vendor is the entity so empowered then they may agree, depending on the strength of their motivation to sell.

 

Yeah, they are waiting for planning permit or something so haven’t signed contract just put down a holding deposit so easy to get out of. But I do like the block if I can make it work.

 

Thanks! they were not negotiable with price so I think they probably wouldn’t be overly keen to negotiate on this either guess it won’t hurt to try

 

It’s the developer selling so I guess they could if they felt like it. Its a small development site 13 lots they probably have another stage(10lots)

 

A modern 3 bedroom home unit is around 120m². The covenant is for the total area of the main house so it includes the garage & decking.

Although you may not need a larger house, suboptimal development will have an impact on the value.

 

Thanks for your reply, then why does it say 200sqm excluding car accomodation landings and patios? I’m not worried about the value it’s rural lots similar houses around, mostly modular country homes on acreage around it. Just don’t won’t to break the rules and get myself in to a pickle. I appreciate your reply!

 

I misread it, the text was blurry on the phone.

There is also a single storey covenant as well.

 

Yeah the Single story thing is fine but 200sqm house base is quite big, builder says, 5 bedroom, 2 bathroom 2 living, all walkin robe pantry. It’s just a lot bigger than I wanted. There is one house already being built that doesn’t look very big so now I’m really confused.