Who Can Enforce No Building Obligations

Developers and landowners often find that development sites are subject to covenants restricting the construction or alteration of buildings.

A recent High Court decision ¹ provides useful guidance on the interpretation of these types of covenants and reinforces the need for developers and landowners to review in detail the precise wording of each covenant.

In this case there were a series of covenants which were expressed to be given by purchasers of land with the "Vendors and their successors in title".  The covenants included:

• No buildings to be constructed other than a single private dwelling house.
• No house to be constructed except in accordance with plans and specifications which have been approved by the "Vendors or their surveyors" and