Covenant Information

Introduction

When you buy a Charles Church home, you’ll need to sign a Transfer (if the property is a house) or a Lease (if the property is a flat). Both a Transfer and a Lease contain Covenants. These are things that must not be done or that must be done by the customer.

Every customer is recommended to ask their own independent legal advisor to advise them of the nature and effect of the covenants. However, here is a short explanation of the main covenants (there are more in the legal documents themselves).

Covenants in Charles Church’s standard Transfer

1. The property may only be used as or incidental to one private residential dwelling. It can’t be used for any trade or business (other than home-based office working which does not involve visits by third parties or deliveries to or collections from the property)

2. The customer may not (without the prior consent in writing of Charles Church, which Charles Church may not unreasonably refuse) during the five-year period commencing on and including the date of the Transfer, erect or construct any building or other structure whatsoever whether temporary or permanent on the property. A good quality domestic shed and/or greenhouse of a reasonable size is permitted. Charles Church can’t charge anything to give its consent.

3. The customer must not erect any walls, fences or other structures nor allow any hedge to grow on the property between any building on the property and the road.

4. Any fences or walls which belong to the property must be kept in good repair.

5. Sometimes the property will include part of the accessway (this access will give access to the property and maybe other properties too). The customer must not allow this to fall into disrepair. Owners of other parts of the accessway will be similarly responsible for their part(s).

6. The customer must not do anything which may be or become a nuisance or annoyance or cause damage to the owners, tenants, or occupiers of any adjoining or neighbouring property.

7. The customer must not exhibit any hoarding, structure, notice board or sign of any kind for advertising or other purpose. Reasonable sales signage (i.e. offering the property for sale) is allowed.

8. The customer must not park any commercial vehicle (other than one not exceeding 5 metres in length and 2 metres in height), caravan, mobile home, camper van or boat on the property between any building on the property and the estate road.

9. Visitors’ car parking spaces must only be used to park a single private motor vehicle.

10. Sometimes the planning permission for the property will set rules for the placement and retention of bird boxes and bat roosts. If this is the case the customer must not interfere with these, remove them, or damage them.

11. The customer must pay a service charge. Please refer to the Your reservation booklet for more details.

12. When the customer sells the property, the customer must ensure the new owner enters into a direct agreement with Charles Church and the management company to observe the Covenants (including, but not limited to, the payment of the service charge).

Covenants in Charles Church’s standard flat lease

1. The customer must keep the property in good condition.

2. The customer should, as often as may be necessary, decorate the property.

3. The property may only be used as or incidental to one private residential dwelling. It can’t be used for any trade or business (other than home-based office working which does not involve visits by third parties or deliveries to or collections from the property).

4. The customer must not park any commercial vehicle (other than one not exceeding 5 metres in length and 2 metres in height), caravan, mobile home, camper van or boat on any allocated car parking space.

5. The management company may make regulations for the estate. It may make these for the general convenience of the occupiers of the building. If it does so, the customer must comply with these.

6. The customer should not install any television or other aerial or satellite dish on the building.

7. The customer should not (without the consent in writing of the management company (such consent not to be unreasonably withheld)) make any structural alteration to the property.

8. The customer should not affix to the property any hoarding, advertisement or notice.

9. The customer should not place any refuse other than in a designated refuse collection area serving the building.

10. The customer must pay a service charge. Please refer to the Your reservation booklet for more details.

11. When the customer sells the property, the customer must ensure the new owner enters into a direct agreement with Charles Church and the management company to observe the Covenants (including, but not limited to, the payment of the service charge).

12. The customer is not allowed to let (i.e. occupy under a tenancy) or share possession of just part of the property.

13. The customer should not do anything that may be or become a nuisance annoyance or disturbance or inconvenience to other flat owners.

14. The customer should not keep on the property any dog cat or other animal bird or reptile without the management company’s consent.

15. The customer should ensure all floors in the property are properly covered. Further, the customer should not lay in any part of the property any floor coverings (other than carpets) unless sound deadening materials specifically designed for use under the type of floor covering proposed and fitted in accordance with the manufacturer’s instructions are used.