Covenants - Only erect a new residential home and new ancillary buildings

[garyb55]

Hi,

We have a covenant on our section which only permits building of new ancillary buildings (+ the house).

We are looking to put up a shed and a separate office (both of which will be under 10m2 so no planning permission required).

We are concerned about the covenant which says only ancillary buildings can be built. Does anyone know if this is an issue?

As far as I can see as long as the building has no toilet or sewage type connection we are probably ok.

Thanks

[Viking]

Go look at the covenants.
Usually only enforced by the developer. If they have moved on the most likely you can do what is legal. Councils don't enforce them

[Maccachic]

Go look at the covenants.
Usually only enforced by the developer. If they have moved on the most likely you can do what is legal. Councils don't enforce them

Surely a PITA neighbour could tho?

I enquired about a 4 acre block which had covenant's that grass and weeds couldn't exceed 150mm along with many other requirements.

[Leftette]

I assume you meant couldn't exceed, which is crazy. One paspallum stalk and you've broken the rules.

[Maccachic]

I assume you meant couldn't exceed, which is crazy. One paspallum stalk and you've broken the rules.

Makes it a bit hard to cut hay for the horses

[Wayne]

Surely a PITA neighbour could tho?

They could but would they?
There would be court costs so unless what you build really gets up the neighbour's nose no one will say a thing.

[Maccachic]

They could but would they?
There would be court costs so unless what you build really gets up the neighbour's nose no one will say a thing.

Surely tho if its explicitly against the covenants court costs will be awarded to complaining neighbour? You agreed to the covenants by signing the agreement which are there for the benefit of all property owners in the subdivision. Not that far removed from Fencing issues is it and people deal with these regularly?

[Wayne]

But will the neighbour care?
Our area has a covenant that says trade vehicles are not to be visible and all cars to be parked in carages (not parked on the drive).
The neighbour has 3 trade vehicles on the drive - no one pulls them up for it, they don't hurt anyone.

You signed the covenant because you had to - not because you agreed to it (that was certainly our case).

[John the builder]

Pagasus apparently has a covenant that you cant mow the lawns bare chested! ???

I have often wondered how these covenants might be enforced? Some do affect neighbor such as maximum height but do councils enforce them?

Can any lawyers comment?

[Leftette]

Easy. Wear a cut-down mid-rift singlet and no bottoms. And hope no stones are flung up from the mower.

[Leftette]

I would refuse to agree to a covenant like that. Petty. Childish. Pathetic. Draconian.

[helenalex]

Our area has a covenant that says trade vehicles are not to be visible and all cars to be parked in carages (not parked on the drive).

What kind of person gets a covenant like that made?? "Oh we can't possibly have those terrible lower class tradespeople having visible vehicles on our street, people might think they live here and then all my friends from the polo club will look down on me."

I can understand rules like 'no leaving cars on blocks for more than a week' or whatever, but what kind of f---wit objects to a plumber's van being parked outside?

[Wayne]

What kind of person gets a covenant like that made?? "Oh we can't possibly have those terrible lower class tradespeople having visible vehicles on our street, people might think they live here and then all my friends from the polo club will look down on me."

I can understand rules like 'no leaving cars on blocks for more than a week' or whatever, but what kind of f---wit objects to a plumber's van being parked outside?

Suffice to say it is ignored.
The point was that silly covenants are ignored

Also remember it isn't the residents who put the covenats there, it was the developers.