Properties not acquired under Right to Buy legislation
For properties not acquired under the Right to Buy legislation, a standard form of release is available free of charge, which you or your solicitor can use. This form only releases covenants under specific circumstances, which are:
- no erection of any kind or any wireless or television mast or pole or any flag staff shall be placed in front of the elevation of the dwelling house to any street or road other than gates or boundary fences
- the part of the property lying between any elevation of any dwelling house now or hereafter erected on the property and any street adjoining the property shall not be used or kept otherwise than as flower gardens and/or grass lawns neat and tidy in all respects
- at all times to keep as a private pleasure or garden ground only in connection with the dwelling house erected on the property the parts of the property not occupied by buildings and to maintain them in a neat and tidy condition
- not to display upon or suffer to be displayed or put upon the external part of the buildings for the being on the property or on any part thereof or upon any wall or fence erected thereon any painted written or printed inscription placard poster signs or advertisement
- not at any time to erect or suffer or permit to be erected or set up upon any part of the property lying between any elevation of any dwelling house now or hereafter erected on the property and any street adjoining the property any boat tent van shed caravan house on wheels or similar structure without our prior written consent
- not to use any garage now or at any time erected on the property for any purpose other than for garaging of private motor vehicles only in connection with the use and enjoyment of the property
- not within the period of 2 years from the date hereof to lop or fell any tree within the curtilage of the property without our prior written consent
If you wish to add an extension to the building (including conservatories) a specifically addressed form of release will be required.
A fee of £40 will be payable if a specifically addressed form of release is required. Once completed, send with any supporting documents to email@example.com or to Corporate Estates, Borough of Poole, Civic Centre, Poole, Dorset, BH15 2RU.
For development activity involving the splitting of a plot, erection of an additional dwelling or building on properties and land not acquired under Right to Buy legislation, the standard form of release cannot be used and specific covenant release or variation approval must be sought from us.
Where the standard form of release does not apply, our legal fees (a minimum of £250) will be payable, plus land registry fees as required.
When applicants approach us to release or vary a restrictive covenant, we will seek to have the uplift in value of the property or land assessed by an external firm of chartered surveyors. The cost of this valuation and any time spent on negotiations and formal reports to us will be paid for by the applicant and will be payable in advance. For clarification, the valuation will belong to us and it will be at our sole discretion whether this information is shared with the applicant. Typically, the consideration sought from the applicant is 30% of the uplift in value created by the proposed development. However the amount sought from the applicant can vary on a case by case basis up to 50% of the uplift in value.
In cases where a plot will be severed and new development proposed we will usually apply an overage provision. Overage is a pre determined formula. It is used as a simple way of agreeing the proportion of the value payable to the landowner ( commensurate with the additional value created) when the applicant reapplies for planning permission to increase or intensify the development for which they have their original covenant release or variation application.
Therefore if you have purchased a property and no specific overage was agreed, then there is to be a consideration payable in line with the increased value resulting from the new planning permission. This will be based upon 30% of the uplift in the development value of the property or land.
Once completed, the covenant application form should be send with any supporting documents to firstname.lastname@example.org or to Corporate Estates, Borough of Poole, Civic Centre, Poole, Dorset, BH15 2RU.
Page last updated: 17 October 2018