Information about our enforcement policy on Post Right to Buy
If you have bought a property under the Right to Buy scheme (RTB), or bought a property that was previously owned by the Council, there are legal restrictions on what you can do with your property.
Post Right to Buy Enforcement Policy
Homes bought under the RTB may come with a number of restrictions such as residential covenants, these are on many properties that used to belong to the Council.
What is a covenant?
A Covenant is a promise made in relation to a property or a piece of land. It can either be a promise to do something (a positive covenant) or not to do something (a restrictive covenant). A restrictive covenant determines what a homeowner can or cannot do with their house or land under particular circumstances. They can include:
- Restricting the use of a property to a single private residence
- Not allowing a business to be run from a property
- Requiring permission from the Council to alter or develop the property or the land it sits on
Restrictive covenants are binding and remain on the property no matter who owns it or how many times it is sold unless they are formally removed.
Can a covenant be removed?
Some restrictive covenants can be varied or released, requests to have a covenant varied or released for a Right to Buy property (ex-Council house) must be made to Milton Keynes Council. If the Council agrees to vary or release the covenant the homeowner will still need to obtain any necessary planning permission or any other consents separately.
The Council will assess all requests looking at the specific facts and merits of each request including any relevant legislation and case law. In some cases, the removal or release of a covenant may mean the value of a property will go up. Where appropriate, the Council will undertake a valuation of the consent to determine the appropriate level of damages or compensation to be paid by the owner if the value of a former Right to Buy property is increased due to a variation or release of parts of a covenant.
If a request to remove or vary a covenant is turned down, there is a right of appeal.
Do I have to pay to vary or remove a covenant?
The Council charges an administration fee and reasonable legal costs to applicants. The administration fee is payable whether the matter proceeds to completion or not.
Charges vary depending on the type of request. Before submitting a request homeowners should complete the online application form.
What to do if you have broken the rules?
It is important to make sure you have not broken the rules as you will not be able to sell your property if you have and you could be made to reverse the changes or even fined if this is not possible. Check your title deeds to see what covenants apply and if you believe you have breached a covenant contact the Estates Team who will advise you what to do next, but we will investigate and advise you of your options.
Restrictions in favour of the former Development Corporation and successor bodies
Restrictions or covenants on deeds relating to Milton Keynes Development Corporation, Commissions for New Towns, English Partnerships or Homes & Communities Agency cannot be released by the Council. You can contact Homes England who manage these consents.
https://consents.homesengland.org.uk/