Help with covenant

[minitoonmook]

Hello everyone,

I'm after some information regarding covenants. I'm moving into Bedlington (near the Bank Top Pub) next weekend and my solicitor found a covenant in a conveyance from the 1980s stating that there could not be any alteration to the exterior of the property without written permission from Wansbeck District Council. Well, my property has a wee conservatory at the back - which falls under Permitted Development, planning permission wise - but written permission from the council was never sought for it. I have taken out the Legal Indemnity Policy, so really I'm just asking out of sheer curiosity...does anyone know who you'd have to contact to get retrospective permission? I spoke to Northumberland County Council and was told Bernicia took over from Wansbeck District Council so I would have to get in touch with them? Like I say, I'm just being nosey really, but it's bugging me that I can't find anything out searching the internet and I'm normally quite good at that!

Anyway, thanks for any help!

Edited July 26, 2019 by minitoonmook
further explanation

[John Fox (foxy)]

41 minutes ago, minitoonmook said:

Hello everyone,

I'm after some information regarding covenants. I'm moving into Bedlington (near the Bank Top Pub) next weekend and my solicitor found a covenant in a conveyance from the 1980s stating that there could not be any alteration to the exterior of the property without written permission from Wansbeck District Council. Well, my property has a wee conservatory at the back - which falls under Permitted Development, planning permission wise - but written permission from the council was never sought for it. I have taken out the Legal Indemnity Policy, so really I'm just asking out of sheer curiosity...does anyone know who you'd have to contact to get retrospective permission? I spoke to Northumberland County Council and was told Bernicia took over from Wansbeck District Council so I would have to get in touch with them? Like I say, I'm just being nosey really, but it's bugging me that I can't find anything out searching the internet and I'm normally quite good at that!

Anyway, thanks for any help!

Hi @minitoonmook, one of the admins on this site would probably be able to point you in the right direction. I've tagged him so he may respond to your request ! @Malcolm Robinson

[minitoonmook]

That's very kind of you Foxy, thank you very much

[Malcolm Robinson]

Looks like the info you got is flawed minitoonmook, or its a case of comparing apples and pears.  

 

NCC took over all legal responsibilities when WDC was abolished.  

 

Bernicia is just a social housing provider and whilst they ended up with our old council houses they have no wider legal responsibility.   

 

So to me at least it would seem you need to be dealing with NCC as it is they who took on all covenants etc.  I am presuming, from what you have written,  you are buying your house and not renting off Bernicia?   

I would suggest trying to get indemnity off NCC in writing regarding this covenant.  

[minitoonmook]

Hi Malcolm,

Yep, I'm buying my first home! Very exciting... I would have thought NCC would be the obvious way to go too, maybe the lady who rang me assumed I was in social housing? I'm quite glad I just instructed my solicitor to get the legal indemnity cover as I now wouldn't trust any information the Council gave me.

Oh well, thank you both for your help anyway, I really do appreciate it