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14 January 2020

How are building covenants enforced and who enforces them?

A reader of The Times is concerned about their neighbours’ continual disregard of the specific covenants that exist for their neo-Georgian courtyard development built in 2004. As such, they want to know how building covenants can be enforced and what the procedures are for action.

Will Thomas, senior associate in BDB Pitmans’ residential property team:

‘It is possible that a variety of people can enforce any particular covenant, including the developer, the residents’ management company and possibly the other residents’.

He adds:

‘A breach of a restrictive covenant is ultimately enforced by court proceedings for an injunction compelling the offending resident to abide by its terms.’

The full article is available to subscribers of The Times, here.

 

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