Everything You Need To Know About Building Covenants
Have you ever wondered what restricts the type of house appeal in a particular suburb?
Building Covenants: What they are and why they are in place
If you are haven’t had any previous experience in construction, or built before, it is possible that you may not be familiar with the term “covenant.” It is crucial to grasp the concept of building covenants as they determine what you are allowed or prohibited from constructing on your land.
The reason behind implementing a covenant is to ensure a standardised and cohesive appearance throughout a particular neighbourhood or development. A covenant is a legally binding agreement enforced by the developer or local council to regulate the construction and aesthetics of properties within a designated area.
By maintaining consistent architectural styles, covenants aim to preserve property values and the visual appeal of the community. Additionally, some covenants may outline guidelines regarding land usage, setbacks, fencing, landscaping, and more. Safety concerns, including building-height restrictions, fire safety measures, and minimum spacing between properties, may also be addressed in certain covenants.
What do building covenants cover:
- Type of structure that can be constructed
- Dwelling size
- Layout and Design (e.g. maximum height, floor area restrictions, number of stories)
- Types of external materials (e.g. timber, brick, cladding etc)
- External house colours
- Fencing, landscaping and garden maintenance
- Garage maintenance and off-street parking
- Privacy control measures
- Energy rating of the property
- Location of ancillary structures (e.g. bins, aircon units, clotheslines etc).
Covenants generally only pertain to exterior aspects of a home, such as the external appearance, the dimensions of the dwelling and sustainability. You are free to make personal choices regarding layout and aesthetics inside the house, as long as your actions comply with building regulations, and laws. This means when renovating with a covenant, your main restrictive concern will be the exterior appeal.
Do covenants remain in place for new owners?
Most building covenants are said to 'run with the land'. They remain effective after a property is sold or transferred to a new owner and remain enforceable on a property indefinitely or as long as the developer continues to enforce them.