Developers – Divide and Conquer!06 Jun 2019
The housing crisis may in fact help developers solve the housing act! Confused – read on.
Historically, neighbours have relied on restrictive covenants to prohibit the subdivision of larger properties, but perhaps, not for much longer.
S610 Housing Act 1985 provides scope for challenging restrictions that prevent the conversion of larger units into smaller ones in the following two circumstances:
(i) Owing to changes in the character of the neighbourhood, the premises cannot readily be let as a single dwelling, but could be let if converted into two or more dwellings; or
(ii) Where planning permission under Part III of the Town and Country Planning Act 1990 has been granted “for the use of the premises as converted into two or more separate dwelling houses instead of as a single dwelling house”
In these circumstances, the court may vary the terms of the lease or restrictive covenant prohibiting the subdivision of a property and may not even consider financial compensation to be a necessity.
If restrictions are prohibiting any planned conversion projects, or putting you off purchasing a prospective conversion opportunity then contact our property litigation team to discuss using this option as a potential solution.