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Planning Restrictions and Covenants

Planning Restrictions and Covenants

Planning restrictions

When granting permission for developments, some planning departments will impose a planning restriction for or against holiday rental or use as a permanent residence, either to ensure that the number of bed spaces for tourists are maintained or to ensure that there is sufficient residential housing provision in the area.

When a development is proposed, planning departments will also consider a number of standard areas

• Size and style of building
• Number of units within the development
• Parking spaces required
• Provision of required amenities eg retail space, bicycle stores etc

Planning departments can also demand section 106 payments or actions to account for impacts on local services resulting from increased population eg payments to improve road services or schools, the building of local amenities etc

Covenants

Covenants are deed restrictions that can apply to homes or apartments.  They are normally put in place by the original developer or the landowner from whom the plot was bought, and are different for every development.

The potential restrictions that may be in place are:

• Changes to a property's outside appearance
• No business use - and you should be clear whether this restriction covers the running of a business from the property eg a shop or mail order outlet, or whether it could be interpreted as excluding short term holiday rentals
• No use of the property other than as a private dwelling
• Limiting the number of cars allowed to park on the site. Parking restricted to numbered spaces and/or guest parking spaces
• No parking of caravans on driveways
• No towels or washing placed on balconies
• Specific rubbish disposal guidelines
• No pets
• No placement of signs or aerials/satellite dishes on the external walls of properties

It is important that you check any covenants when buying a property, to ensure that you will able to use the property as you wish.

Furthermore, some management companies (the owners' collective) within developments will try to have restrictions imposed after all the units have been sold e.g. a number of owners can sometimes work together to try and force through a restriction to stop properties being used for holiday lets.

You should always consult with a qualified professional and be clear about any legal issues before committing yourself to a property purchase.