Single dwelling covenant removal

Hi guys,

I want to ask more informations and experience about the process of single dwelling renoval in Croydon, Melbourne. Has anyone experienced to do this process before? Is it easy to get this lifted and how much for the cost in total?

Thank you guys

 

Best get in touch with a lawyer who will review the s32 etc

There are three main types of restrictive covenants:
1.Building covenants imposed by developers to make sure the owners of lots complete building works within a certain timeframe and following specific building requirements (eg: building height, colours and setbacks)
2.Covenants designed to protect the neighbourhood character or guide the long term development of an area
3.Covenants that impose rules of communal living on lot owners.

There are no legislative rules about the kinds of restrictions that can be included in a restrictive covenant. Councils aren’t responsible for preparing, writing or enforcing covenants.


it depends what it is - a lot of reservoir towards keon park station has a convenant that cannot be removed. it has to acknowledged by the previous owner next of kin bla bla etc. this property below by right should be million plus dollars but due to convenant failed to sell

1-3 Keely Street Reservoir Vic 3073 - House for Sale #126422058 - realestate.com.au

with H&L - like pt cook - there is a time limit - if not mistaken it is till 2020. Again another opportunity nobody realizes. anybody who has a house in a corner come 2020 can be up for sub division.

 

Three different methods to remove covenants:
- planning scheme amendment
- planning permit
- supreme court

Planning scheme amendment is out the window unless your one of many and have time on your side.

Planning Permit would be my first choice, how big was the subdivision that created your title? Generally with these older restrictions (im assuming its older) the lots in the original subdivision that were sold after yours are the dominant tenement for your restriction, meaning they may have to give permission to remove you restriction. This is great if your lot was the second last to be sold, as you only have one other owner to consult with. But terrible if it was a large sub and there were 300 lots sold after yours that you need permission from. Some restrictions are outdated and you may not need permission for removal. Pretty sure you will with single dwelling covenant.

Supreme Court is more costly (ive heard different amounts thrown around at work ranging between 10k to 50k). But apparently is more likely for success.

My advice would be to investigate the likely success of the planning permit, if that doesnt seem feasible then look into getting a lawyer for the supreme court option.

 

I have attached my uni notes on covenants. The second page in the document outlines the methods.

 

An amateur here looking first IP with potential subdivide. Who do I need to contact to investigate?

Do I just go to the council and ask if a subdivision is visible in the given address, before purchasing it?

Thank you

 

Not sure what you mean, are you saying you are looking at an IP that has a covenant? What type?

If its an outdated non relevant covenant you could get it removed with a planning permit application to council (talk to council and see what they say).

If its a bit more contentious (like a single dwelling covenant), then you really should get advice from a private planner or lawyer to assess your chances of successfully removing it via a planning permit or by the courts (supreme), before committing to the property.

@Tufan Chakir is a planner and has knowledge in this i believe.

@melbournian has been looking at sites with covenants and may have gone through the process recently so might have some good insight/advice.

 

Council may not be helpful - they are unlikely to commit. Have someone knowledgeable review your title, the planning controls and the location and provide an opinion. Nothing straight forward about covenant removal

 

All you need to know and were too afraid to ask Restrictive Covenants in Victoria

 

Welcome to the forum Matthew, its great to have someone with your experience and hope that you continue to contribute

 

Thanks for the welcome.