Covenant Control.
Thinking of altering your home? The Council likes
to say YES!
Covenants: What are they?
Restrictive covenants stay with the property no matter
how many times it changes hands and may affect the ways in which
you can alter the properties appearance or the way you use
it.
General
If you own a home in Harlow, we may have some control over how
you change your home’s appearance or use, through Restrictive
Covenants. This is in addition to Planning and Building
Regulations Approval.
Some of the situations where Covenant approval
will be required are listed below :-
- External alterations and extensions
- Alterations to front gardens
- Alterations to and replacement garden fences
- Parking
- Business use
- Pets
- Hobbies
- Letting
- Advertising posters
- Right of entry for maintenance of services
Erection of domestic satellite dishes and tv
aerials
When homes were first built in
Harlow New Town, no aerials were allowed as TV was provided through
a cable system. To stop residents putting up aerials
the Harlow Development Corporation and the Commission for New
Towns put restrictive covenants on most of the new properties
built, whereby aerials could not be erected without their
consent. Upon the demise of these organisations, the
rights of the restrictive TV aerial covenant transferred to Harlow
Council. Due to viewers' changing TV expectations and
technological advances, the use of this restrictive TV aerial
covenant became an outdated approach, and the Council
decided to approve any reasonable request to
erect aerials and to not enforce the covenant, subject to any
planning consents that may be required. However, due to the
nature of the restrictive covenants the record of this restriction
may remain in place on property title deeds, and although the
Council has decided not to enforce the covenant, it may be
enforceable by neighbours, in which case you may need to obtain the
consent of your neighbours before undertaking any work to erect an
aerial or satellite dish.
Planning
Permission
You will not normally need
planning permission to install an aerial, satellite dish or other
microwave antenna on a house but check with the Council if you have
any doubt. However, if your property is a listed
building or in a conservation area you are likely to need planning
permission.
For further information on
planning restrictions, please open the following
link Planning
Guidance or contact the Development Control
Team. Telephone 01279 446598 / 446856
e mail planning.services@harlow.gov.uk
Who do they affect?
To find out if your home has
Restrictive Covenants, look at the documents dealing with the
purchase or ask the solicitor who acted for you. Most homes in
Harlow are affected by covenants, which include:
- Homes built by Harlow Development Corporation, its agents or
developers and sold as private estates
- Homes built by the Corporation for rented accommodation, later
sold to tenants
- Homes transferred to Harlow Council by the Corporation as
rented accommodation, and later sold under the ‘Right to Buy’
- Homes built for sale by Harlow Council
- If you are a Council tenant you do not need to obtain the
permission of the Council to erect an aerial unless you are living
in a Council flat, communal building or are a Council
leaseholder.
Church Langley
If you live in Church Langley the only
covenants that are applicable are those laid down by the
original developers. In the case of homes built by Croudace,
the covenants on these properties were passed to Harlow
District Council, however the Council has decided not to
take up its option of administering restrictive covenants in
Church Langley.
For homes other than those built by
Croudace you should contact the developer concerned or your
solicitor to advise you.
Application Form and Registration Fees
Open Fronts Policy and Parking on your Front Garden
Please read Harlow Council's Policy on
parking on your front garden before applying to the Council to park
on your front garden.
Should you require further clarification on any of the above
matters please contact Karen Barratt on 01279 446837. (
9.30am - 1.00pm only ) or e mail covenant.control@harlow.gov.uk
Remember!
Please do not enter into a contract of any kind with an
agent or builder, or pay any money, until you have all necessary
approvals. Please also refer to the web pages dealing with Planning Permission and Building Regulations Approval.