Covenants for Emerald Square Freeholders

Introduction

Each property is subject to a series of covenants which are set out in the title deeds of your property. They are part of the agreement made when your property was purchased. They cannot be contracted out of. It is important that these are fully understood and complied with. The full list of restrictive and positive covenants is set out in the attached file.

We will shortly be publishing a comprehensive guide to covenants including those which cover the leasehold properties.

Extensions and alterations

We have seen a number of applications for planning permission where the impact of the covenants which govern development on the estate may not have been fully understood. We therefore draw your attention to certain covenants which relate to any development planned for a house on the development.

The covenants are for the benefit of all residents. They are designed, inter alia, to ensure that the visual harmony and coherence of the estate is maintained and prevent over development of a plot which may adversely impact neighbours. This can include future as well as current neighbours.

If a proposed development requires planning permission, it is important that Mainstay is contacted before an application is made via the Mainstay portal. Any such application will then be considered by the directors of the Emerald Square Residents Management Company to ensure that covenants are being complied with. It is important to note that permission under planning laws is separate and distinct from compliance with the covenants. A successful planning application may nevertheless fall foul of the covenants.

The directors have taken the view that each application should be considered on its own merits, recognising that each may have separate and individual characteristics. No further detailed guidelines have therefore been created other than the covenants themselves.

Any proposed development which does not require planning permission must still comply with covenants.

The Board

The Board will review any application and its compliance with covenants on behalf of all residents for whose benefit the covenants have been agreed. It is important to note that even where permission is granted, it is open to any property owner to disagree and to argue that a particular proposal is not in compliance with a relevant covenant.

Key Covenants

These are the principal covenants which relate to any proposed development of a property.

Restrictive Covenants

6. Nothing shall be done on the Property so as to create a nuisance annoyance or inconvenience to the owners and occupiers of the Neighbouring Premises or any part thereof

18. Without prejudice to the generality of the foregoing not to make any further openings in the Property for windows or roof lights of any description

28. Not to alter the external appearance of the balcony (if any) and not to use the balcony for storage other than for outdoor furniture suitable for use on the balcony

Balcony.

32. Not to alter the appearance of the garden at the rear of the Property

Positive Covenants

6. To pay all costs charges and expenses (including Solicitors' costs and Surveyors' fees) incurred by the Manager for the purpose of or incidental to the preparation and service of any notice requiring the Transferee to remedy a breach of any of the covenants herein contained

7. To obtain the consent in writing of the Manager before making any application to the relevant authority for planning permission for a change of use or for any other development

8. When a planning permission has been granted to furnish a copy thereof to the Manager within seven (7) days of its receipt from the relevant authority

Emerald Square Main Estate Covenants.docx

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