I currently have a vacant block next to my intended PPOR. Its under covenent for the next 5 years, However I dont want to live next to 4 units. Its now up for sale. Can anyone please advise on the following: After the covanent expires is it open for subdividing and more than 1 dwelling. It a single dwelling covenent now. What process does the new owner go through to get the OK to build units? Can I and others object to 4 units going on it. (this will affect my enjoyment of my property) Can coverents be overtuned at VCAT. What are my chances of winning if a builder wants to put the 4 units on it after the covernent expires. There has been some intrest in it already from (developers) not owner occupirers. Any advice or info would be appreciated.
Regards
T………….Hi Tony
It is unusual that the convenants expire in 5 years. Usually they are permanent.
To answer your questions in order:
1. If the covenants do expire in 5 years then there is no reason that someone would not be able to build units on the site, depending on the development plan. Usually local development plans stipulate minimum sizes for units/townhouses. I have a couple of townhouse sites in regional Victoria at the moment and in that area the minumum size is about 250sqm per site.
2. A new owner would need to go through council to get approval to build multiple dwellings.
3. You could object to multiple dwellings (MD)although that may not make any difference. The council would look at the reasons for the objections. Council considers applications on their merits. They would look at how MD would impact on the area. Can the infrastructure take the extra cars/ would it be inconsistent with the rest of the area etc. On one hand they might say that when you bought your land you knew that the covenants were going to expire in 5 years so you can't say that you thought that there would never be MD next to you. On the other hand, if there were lots of objections, they may say that it would be unfair to the rest of the landowners if they were restricted to one dwelling and a developer came along and built MD. Who knows which way council will go.
Can you afford to buy it and build a single house on it and then sell the house? What if a group of you got together and built a single house? This would be the easiest way to ensure that MD don't get built.
Alternatively you could start kicking up a stink about it now. Put up some protest signs. You will be asked to take them down but at least any potential developer purchasers will know that it won't be a straightforward process through council.
Unfortunately, ultimately you are at the hands of your local council. Unfortunately for you, I have yet to come across a council who made rational, reasonable decisions when it comes to the development plan.
Cheers
K
K
Thanks thats what I felt was the situation. I know im cristal balling a bit but I dont want to live next to units. I feel the council will say YES to any development. These blocks are large and anything over 1000m draws the attention of developers, most First home and owner ocupirers dont want a 1000m up block. There are others in the area the same size which have also not been built on and I feel they are holding them till the covenant expirers.
I may buy it or wait and see what happens. I will check with council as to whats what with size etc.
Thanks heaps
T…………
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