What are Building Covenants?

Discover the secrets behind building covenants with MOJO Homes. Learn about the different types of covenants and their significance.

WHAT ARE BUILDING COVENANTS?

Understanding building covenants is crucial when intending to construct a home on a designated block of land. Covenants are specific limitations that must be followed throughout the building process and beyond. Given their potential impact on property development in New South Whales (NSW), it is vital to comprehend building covenants thoroughly.

Charisma 30 on display at HomeWorld Thornton
 

WHAT IS THE PURPOSE OF A COVENANT?

Building covenants, alternatively referred to as property covenants or land covenants, are legally binding agreements enforced by developers or local councils to govern the construction and visual aspects of a property within a designated region.
The primary objective of implementing a covenant is to ensure consistency and uphold a certain standard of design, appearance, and quality across a neighbourhood or development.
Building covenants fulfil several distinct objectives:
 

• Property value: Building covenants strive to uphold property values by enforcing uniform architectural styles that contribute to the visual allure of the community.
• Land utilisation regulations: Certain covenants may encompass guidelines pertaining to land usage, such as provisions for purchasing land and constructing at a later date, setback requirements, fencing regulations, landscaping specifications, and more.
• Safety considerations: Other covenants may prioritise safety concerns, including limitations on building height, fire safety measures, and minimum spacing requirements between properties to prevent overcrowding.

Oasis 37 on display at Hereford Hill
 

WHAT TYPES OF PROPERTY COVENANTS ARE THERE IN NSW?

In NSW, building covenants can generally be classified into two categories: positive and restrictive. Positive covenants entail specific obligations for property owners, such as upholding particular standards or contributing to communal amenities.
On the contrary, restrictive covenants establish limitations and outline what actions are prohibited or restricted. These may include restrictions on certain building designs or land usage.
Below are some specific examples of building covenants in NSW:
 

• Architectural Style Covenants: These covenants define the required architectural style and design principles to be followed. They may specify particular styles like modern, traditional, or colonial, as well as provide guidelines for building materials, colours, roof styles, and overall aesthetics.
• Setback Covenants: Setback covenants dictate the minimum distance that a building must be set back from the road or other property boundaries. They aim to prevent overcrowding and ensure adequate space for landscaping and parking.
• Landscaping Covenants: Landscaping covenants focus on the maintenance and appearance of outdoor areas. They may include regulations regarding gardens, lawns, trees, and shrubs.
• Building Material Covenants: This type of covenant emphasizes the permissible materials for property construction, such as brick, stone, timber, or render. The purpose is to maintain a consistent and high-quality aesthetic across the community.
• Lifestyle Covenants: Although less common, lifestyle covenants may be present in certain developments. They can encompass restrictions on home-based businesses, limitations on pet types, or guidelines for the usage of outdoor spaces.

Carrington Grand One 31 on display at HousingWorld Nowra
 

WHAT DO BUILDING COVENANTS COVER?

In NSW, building covenants typically encompass guidelines pertaining to:

• The type of structure that can be built on the land
• Dwelling size
• Design and layout considerations (e.g., number of stories, maximum height, floor-area limitations)
• Approved exterior materials
• External colour schemes
• Fencing requirements
• Landscaping and garden maintenance expectations
• Off-street parking and provisions for garages/carports
• Privacy control measures
• Property maintenance and upkeep responsibilities
• Energy rating requirements for the property.

Barrington 46 on display at Old Pitt Town Road, Box Hill

It is important to acknowledge that building covenants do not govern all aspects of construction. They primarily focus on external aesthetics and may not dictate your interior design choices. It is crucial to adhere to local regulations and building codes in addition to the specific building covenants in place.