Division Of House Into Flats - Legal advice in England and Wales from expert solicitors.

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It is very common to encounter restrictive covenants which stipulate that land or buildings can only be used as a single dwellinghouse.

Faced with an increasing shortage of affordable housing a provision was included in the 1985 Housing Act (Sec 610) which can be used to more easily allow a single dwelling to be converted into flats.

Until this new procedure was introduced a person wishing to overcome a restrictive covenant of this nature would have to make an application to the Lands Tribunal under Section 84 of the Law of Property Act to discharge or modify the covenant. to succeed the applicant would have to satisfy the fairly rigorous requirements of Section 84.

The procedure under Section 610 can be used once Planning Permission has been obtained to convert the house into two or more dwellinghouses instead of a single dwelling.

The application allows the County Court to vary the freehold or leasehold covenants subject to any conditions the Court considers just.

An application can also be made if owing to changes in the character of the neighbourhood the premises can be more readily let after conversion into two or more dwellings.

This is a little known but very useful provision for persons wishing to create additional dwellings out of a single building subject to a covenant.

If you have a large dwelling which you believe would convert into flats please feel free to call us for a preliminary discussion.

email: enquiries@restrictivecovenants.co.uk

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North Yorkshire
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