Building Covenants

Introduction - DRAFT

The Village Green has been designed as a high-end residential subdivision, cleverly laid out to maximise the views of the southern alps and surrounding open fields. As a safeguard we have set in place a number of carefully considered covenants to ensure each dwelling is of the appropriate standard and represents the level of housing expected in the subdivision.

The Purchaser acknowledges that these covenants will be registered against the title to the land and any successive purchaser. The covenants contained in this document shall run for a period of fifteen (15) years after the date the new title issues. The Village Green reserves the right to alter or amend the protective covenants for subsequent stages. The purchaser agrees not to oppose or prevent The Village Green from progressing and completing the subdivision

1. Design Controls

The purchaser will not erect or permit to be erected on the section:

  • Any more than one dwelling and one associated outbuilding;
  • Any dwelling with an internal ground floor area of less than 150 square metres excluding garaging under the same roof structure.
  • Any dwelling not constructed on site or not from an individual design not being a pre-used or second hand or relocatable building;
  • Any outbuilding other than one of a style and quality similar to that erected on the Section;
  • Any dwelling or outbuilding where the wall cladding is not of a majority/consistent quality. Consistent brick, linea board, stone or plaster (whether cement or coating over polystyrene block or sheathing) or combination of the above wall cladding shall not be in breach of this condition;
  • Any dwelling or outbuilding of corrugated iron whether unpainted or painted, provided that decramastic and coloursteel products or products of a similar construction, precoated in the manufacturing process shall not be in breach of this condition;
  • Any dwelling or outbuilding with exterior walls, window exterior joinery or a roof composed of partly or fully reflective or visually obtrusive material or have unpainted or exposed zinc coated products (other than solid zinc sheets) comprising all or part of the exterior cladding, roofing, guttering or downpipes;
  • Any dwelling or outbuilding with a roof pitch over 25 degrees above horizontal;
  • Any dwelling or outbuilding of an “A” frame style construction;
  • Any dwelling or outbuilding that incorporates an under structure that is not fully enclosed;
  • Any dwelling or outbuilding, mast or aerial exceeding 5.5 metres in height.
  • Any dwelling or outbuilding with solar panels installed at an angle any greater than 3.5 degrees from the roof slope.

2. Building Requirements

  • The Purchaser will not erect or permit to be erected on the section, any building, structure or improvement without first obtaining the written approval of the Design Panel to the final building exterior footprint plans and specifications (and where appropriate in the same form as intended to be submitted to the ADC building consent) and such specifications shall include full details of all exterior colour schemes and finishes and details of driveways.
  • Approval shall be entirely at the discretion of the Design Panel in all respects provided that should the Design Panel fail to approve or disapprove such plans and specifications within 20 working days of receipt of the same, then it shall be deemed to have approved the same. The Purchaser shall not apply for a building consent until such time as the Design Panel’s approval, whether deemed or otherwise, has been obtained.
    The Village Green shall be entitled to serve an injunction notice on the purchaser to cease all work if the purchaser shall commence any construction work without having first obtained the approval of the Design Panel in accordance with these covenants.
  • The obligation to obtain the approval of the Design Panel pursuant to this clause shall expire fifteen (15) years after the date of registration of this instrument.
  • The Purchaser will not make any alterations or changes to the plans or specifications of the dwelling, building or structure, once approved by the Design Panel, during the construction process without first having obtained the Design Panel’s written approval.

3. Construction

  • The Purchaser shall maintain the Section prior to and during the construction process to an acceptable standard in the opinion of the Design Panel and shall not allow it to become unsightly or a fire hazard. In the event that grass or weeds are allowed to exceed 150mm in height The Village Green Limited (or its nominated representative) reserves the right to have the section mowed and the Purchaser agrees to accept liability for the cost plus 50%.
  • The Purchaser will be responsible for the cost of repair for any damage to roadside landscaping, roads, footpaths, kerbing, berms, concrete works or any other structure in the subdivision arising from the actions of the Purchaser, its invitees or licensees or their employees. The Purchaser shall reinstate or if necessary, replace entirely at their cost any such damaged items immediately the damage occurs.

4. General Standards

  • The Purchaser will not store or allow to be stored any car, caravan, recreational vehicle, craft, trailer, trade vehicle, or other equipment or machinery on any part of section # on DP# being road to vest. Short term parking by visitors and trades people will not be a breach of this covenant.
  • The Purchaser will not store or allow to be stored any caravan, recreational vehicle, craft, trailer, trade vehicle, or other equipment or machinery on any part of the section unless it is screened from the street
    frontage.
  • The Purchaser will ensure that any external air conditioning, electric meter box, clothesline, gas bottle, television aerials or rubbish/recycling bins, of any type unit shall be screened from adjoining sections and any road frontage.
  • The Purchaser will ensure that any garden shed, or clothesline are aesthetically sensitive to the surrounding sections and are positioned to ensure that they are not visible from the street or adjoining section.
  • The Purchaser will not allow any animals to be brought onto or kept on the property other than up to two dogs and/or two cats. Any dog which is in whole or part resembles any of the following breeds of dog is not permitted: Brazilian Fila; Dogo Argentino; Japanese Tosa; Perro de Presa Canario. No pet shall be permitted which makes a noise in a manner or of such volume as to annoy or disturb others.
  • The Purchaser shall complete construction of any dwelling within 9 months after the formation of the foundations of that dwelling (longer can be agreed for larger builds) and complete site landscaping including lawns no later than 6 months after occupation of the dwelling.
  • The Purchaser shall not permit any temporary or modular buildings, use any caravan or campervan or any other form of temporary accommodation on any section during the construction of a dwelling.
  • The Purchaser shall not display or permit on any section an advertisement hoarding or sign except for compulsory statutory signage, real estate sign pending sale and builder’s construction or show home signage.
  • The Purchaser shall not allow buildings and landscape design features to be unmaintained or deteriorate to a level where the standard of presentation is either, inadequate taking into account fair wear and tear, the original condition at the time the residence was occupied and the condition of the neighboring properties or less than that represented in the rest of the Subdivision.

5. Fencing

  • The Purchaser shall not erect any fence within 5 metres of the street frontage boundary or any fence within the street frontage yard exceeding 1.2 metres in height.
  • Terrace Fence, internal dividing fences will be erected by The Village Green, at no cost to the purchaser, any additional fence along the (eastern boundary) canal frontage, (noting fence and building setbacks imposed by ADC), must be pool style fencing, Resene, exterior Woodsman, colour Pitch Black, and not exceeding 1 m in height, boundaryline durapanel or similar.
  • The post and rail fence erected by The Village Green cannot be altered or removed, however you are permitted to use colour matched mesh on your side of the fence between the rails to keep pets within your property. Should you wish to add hedging to your Terrace fence line, for consistency the plants are restricted to three (3) varieties, Photinia, Pittosporum & Griselinia.
  • Farmland Boundary Fences must be post and rail Boundaryline fencing, installed at vendors cost, this does not include internal dividing fences.
  • Any internal dividing fences must not exceed 1.8m in height.
  • All fences must be stained the same colour as the Boundaryline fencing, which is black/ebony. You are permitted to use colour matched mesh on your side of the fence between the rails to keep pets safe and within your property. To enhance the vista of the street, any fence positioned along the access road must be set back 7 metres from the road frontage boundary.
  • The Purchaser shall not use any second-hand building materials for any fencing on the section.
  • The Purchaser shall not erect any fence using galvanised iron, polite or cement board panels in its construction.
  • The Purchaser will not call upon and acknowledges that The Village Green will not be liable to pay for or contribute towards the cost of any additional boundary fencing, excluding fencing as referred to in 5.4.

6. Landscaping/Planting

  • The Purchaser will not carry out any landscape work on the Section without first having a Landscape Design Plan, incorporating planting as approved by the Design Panel at the time of approval for the building in design clause 2.
  • The Purchaser acknowledges that the plant layout must minimize excessive shading or hazard to neighbouring sections from plantings. Where any variation to the approved Landscape Design Plan are made no replacement planting can be made where it will create excessive shade or hazard to any neighbouring section without prior approval from the Design Panel.
  • The Purchaser will not grow or allow to grow on the section any tree, shrub or other vegetation to a height which exceeds 3.0 metres above ground within 2 metres of any section roadside boundary.
  • The Purchaser will ensure that the road frontage yard of the section is fully landscaped within six (6) months from the date of occupation of the dwelling erected on the section.
  • The Purchaser shall keep maintained all plantings on the section including any street frontage plantings between the section frontage and street.
  • The Purchaser shall replace any plants that die, have serious disease problems or are in poor or unsightly condition within the section and between the section frontage and street.

General Covenants

7. No Subdivision

  • The Purchaser shall not subdivide any of the Servient Sections. Subdivide” shall have the meaning given to the expression “Subdivision of Land” in Section 218 of the Resource Management Act 1991.
  • Any boundary adjustment that does not create a separate building site or an additional title shall not be in breach of this condition.

8. Modification

Whilst The Village Green remains registered proprietor of any section it reserves the right to itself (with the intent that this right does not ensure to its successors in title) to waive or modify any of the above covenants, but it will only do so, if in its opinion such action does not impinge on the integrity of the subdivision in its entirety.

The Village Green shall only be liable in respect of the stipulations and restrictions which occur while it is the registered proprietor of the servient tenements and will not be liable because of any action it takes or fails to take or for any default in any building erected on any of the sections or at all as a result of these restrictions or otherwise and the registered proprietors for the time being of the servient and dominant tenements shall indemnify and keep indemnified  THE VILLAGE GREEN from any costs claims suits demands or liabilities or otherwise howsoever arising out of or under or by virtue of this instrument in respect of any of the servient tenements which have been transferred by it to another registered proprietor.

If any dispute or difference arises between servient and dominant tenement owners in relation to these covenants including as to what may constitute a breach of these covenants or to the meaning or interpretation of these covenants, whilst The Village Green is the owner of any dominant tenement then the same shall be referred to The Village Green for resolution whose decision shall be final.

In the event that the Purchaser or any subsequent servient tenement owner is in breach of any of these covenants they shall on request from the Grantee or any subsequent dominant tenement owner (any of whom are included in the expression “Enforcer” in this clause) immediately and permanently desist from and remedy any such breach at their cost. The Purchaser or any subsequent servient section owner shall also pay to the Enforcer:

The Enforcer’s costs, fees and charges incurred in respect of ensuring compliance with these restrictive covenants including any costs, fees and charges Incurred in dealing with any claims against the Purchaser by third parties arising from such breach, plus a 50% liquidated damages surcharge; and the costs, fees and charges of any other person entitled to enforce the remedies.