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Restricted covenant "No Material alteration".

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  • Restricted covenant "No Material alteration".

    Hi,

    We have bought an ex council house which has many restricted covenants. The most concerning one states "Not to make any material alterations to any part of the Property and not to interfere with the service area of any pipes cables or apparatus within or adjoining the property belonging to the statutory undertakers".

    In plain english does this mean that we cannot refubish the property, fit new windows, doors etc or does "material alterations" refer to something specific in law?

    Many thanks
    Tags: None

  • #2
    To answer your question on the meaning of "material alteration" in law, see:
    Building Regulations 2010 2 Interpretation
    “material alteration” has the meaning given in regulation 3(2)

    Regulation 3(2)
    (2) An alteration is material for the purposes of these Regulations if the work, or any part of it, would at any stage result—

    (a)in a building or controlled service or fitting not complying with a relevant requirement where previously it did; or

    (b)in a building or controlled service or fitting which before the work commenced did not comply with a relevant requirement, being more unsatisfactory in relation to such a requirement.

    (3) In paragraph (2) “relevant requirement” means any of the following applicable requirements of Schedule 1, namely—

    Part A (structure)
    paragraph B1 (means of warning and escape)
    paragraph B3 (internal fire spread—structure)
    paragraph B4 (external fire spread)
    paragraph B5 (access and facilities for the fire service)
    Part M (access to and use of buildings).

    https://www.legislation.gov.uk/uksi/.../contents/made

    So, you can make alterations, but you must comply with the "material alterations" requirements in the above legislation.

    Comment


    • #3
      So basically as long as any work carried out meets relavant building regulatons then it would be permitted? We were hoping to have a bow window installed at the front, the neighbours have done the same. Also possibly a conservatory in the future.

      Comment

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