Browse Forums Building A New House 1 May 24, 2013 5:36 pm Hi I m building a new home and today I recieved a letter for building surveyor that my plans are not according to the memorandum of common provisions (MCP) registered in dealing no. AA1880. A restrictive covenant is enforceable by the coventee (that is, the person whose land benefits from the covenant) and his or her successors in title. The relevant building surveyor is not empowered to administer or enforce the covenant under the Building Act and or Building Regulations. The responsibility for compliance remains with you (the owner). My builder is saying its nothing wrong as long as I don't have any issues. It's more about shadow in the backyard . Has anybody been through this stuff, is it ok to go ahead or not?? Re: Restrictive Covenant ... Please help 2May 24, 2013 7:22 pm What state? I had covenants over two properties I bought. They were basic things though. One of them had stuff in it like no front fence, tile roof etc.. The other which also had "no front fence" I found amusing as when I bought the property it had a 4 foot high front fence. My experience is they are not worth the paper they are written on (NSW). Are your plans council approved? Re: Restrictive Covenant ... Please help 3May 24, 2013 7:29 pm I m in Victoria and its about shadow in my back yard. It's in my yard not on neighbours. My builder asking me to through legal people ask the developer to remove this from my property. Re: Restrictive Covenant ... Please help 4May 24, 2013 7:30 pm Have you got council approval for your plans? Re: Restrictive Covenant ... Please help 6May 24, 2013 7:33 pm Basically the covenant initially allows the developer to stop things that they consider will affect the look of the estate. After the developer has sold the last house the neighbours are 'protected' by the covenant. If the neighbours don't object you can often get away with doing what you want. Legally doing away with a covenant can be very difficult see http://www.anewhouse.com.au/?p=500 The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Restrictive Covenant ... Please help 8May 24, 2013 7:36 pm I'd be inclined to ignore it. If nobody is negatively effected I can't see anyone complaining. Re: Restrictive Covenant ... Please help 9May 24, 2013 7:39 pm So that means I sign the acknowledgment send by the surveyor. Re: Restrictive Covenant ... Please help 10May 24, 2013 7:40 pm Sorry can't help you there. I don't know what "surveyor" refers to in your state. Here, all I used a surveyor for was pegging out the block. I recently hit a snag with my new build with Metricon. On the block I purchased there is an old covenant when the land was subdivided in 1971 that "the exterior walls of… 0 1519 Thankyou so much 😀 I've decided on White on white for doors and trims, White on white 50% on ceiling and Mt buller for walls. Fingers crossed it will look OK 😀 2 7170 i had the my concreters concrete right up to the fence. I have pits all along my path, so the water tends to drain away from the house and into the pits. There's only one… 7 12783 |