Multiple covenants in new builds

Conveyancing 03/02/2023

The attention of the committee has been drawn to the practice of including a multiplicity of covenants in deeds for new builds that appear to be generic, but are not necessarily appropriate in every development. It seems that some of these are perhaps being indiscriminately cut and pasted from the documentation for other developments.

Most covenants are bespoke for a particular development, and they are there for the amenity and protection of the estate for the benefit of all. The committee recommends to solicitors acting for developers drafting scheme documentation that they carefully consider what the requirements are for a particular development, and not use superfluous covenants or unwittingly carry them over from other precedents or schedules.