Covenants and Alterations to Properties
Covenants to be observed by all owners
The freehold or leasehold title to each member's property contain a section called "covenants to be observed by all owners". The stated purpose of the covenants is to preserve Ottershaw Park as a good quality residential estate and also to maintain the value of members assets. For full details of the covenants you should refer to the deeds of your property, however the covenants could be summarised as follows:-
It is the Committees intention that each member should gain maximum enjoyment from their property. Wherever possible the wishes of an individual member will be respected provided no detriment is caused to others.
The Committee does not wish to "police" the covenants but will consider any breach of covenants submitted in writing from a member or will take up any matter the Committee feels is detrimental to the character of the Estate.
It should be noted that in addition The Mansion and Tulk House have their own covenants.
Alterations to Properties
It is an obligation under the covenants that all external alterations should be notified to the Committee for written approval prior to the commencement of work. It is important to remember that although the Company’s legal powers in Estate matters extends beyond those of Runnymede Borough Councils planning office, Committee approval does not signify exemption from any necessary planning approval and the local authority should also be consulted by members. As far as OPEC is concerned the procedure should be as follows:
1. Discuss the issue with your committee representative so he/she is fully appraised of what you wish to do, can offer advice and better present your views to the Committee.
2. Write to the Committee giving full details of your proposals.
3. Include a) detailed drawings of the proposals
b) site plans showing your property in relation to other properties.
4. The plans or covering letter should show the materials and finishes to be used and note the existing building materials.
5. Give an estimate of the duration of the works and details of any storage of building materials or contractors plant and equipment.
It also makes good sense to discuss your proposals with your immediate neighbours, although their consent is not required it is the effect upon them as well as the Estate as a whole that the Committee will consider.
Remember that formal Committee Meetings are held at approximately 8 week intervals. Always allow a good lead time to get approval in writing and follow the procedures above to avoid any exchange of letters for subsequent clarification of your intentions.
Note 1: Although the covenants are legally binding and enforceable in law it is not their purpose to prevent members enjoyment of their properties. In practice, they have been applied for the benefit of all members.
Note 2: Leaseholders have separate responsibilities to their Management Companies which are not covered in this Guide.
* Note that some trees on the estate are covered by a Tree Preservation Order (TPO) and planning permission is required in addition to OPEC consent before any work is carried out on them. This includes pruning/trimming as well as felling. Click here to see a copy of the TPO reference map.