Covenants Relating to Building

The buyer acknowledges that the Land is in part of a modern residential development incorporating underground power and kerb to kerb bitumen sealing and the Seller wants to establish a high standard of well designed residential homes. Accordingly the buyer hereby covenants with the Seller as follows:

1.  
   1. Any dwelling house built on the Land shall have a covered floor area (cement/timber) of not less than 170 square metres of land including attached car accommodation;
   2. External walls of the dwelling house shall be built of brick-rendered brick/block – hebel or weathertex (excluding glazed areas) unless the written approval of the seller has been obtained and the external walls of any shed (including garden shed) shall be as above or color bond equivalent;
   3. The buyer will ensure that the dwelling house will not be left at the time of constructions without substantial work carried out for a period longer than three (3) months;
   4. No homes previously erected, existing on or attached to other land or transportable homes shall be erected or placed on the Land without the sellers consent;
   5. The buyer must in association with any dwelling constructed on the Land and at the same time the dwelling is constructed, construct or cause to be constructed adequate provision for the accommodation of motor vehicles by way of a garage which must be fully enclosed and fitted with doors;
   6. The buyer shall not allow any rubbish including site excavations and building materials to accumulate on the land failing which, the buyer shall be liable for the expense involved in the removal of the rubbish;
   7. No duplex unit or multi dwelling unit to be constructed on the Land without the prior written agreement of the seller;
   8. A minimum roof pitch no less than 22.5 degrees;
   9. No improvements will be erected with roofing of any other materials other than concrete tile, bituminous tile, color bond or similar non-reflective material;
   10. Any houses built on stumps shall be built in with battens covering a minimum of sixty-six percent (66%) of gap;
   11. All tanks installed within the Estate (regardless of type) must be painted or impregnated with colour. Galvanised Tanks are hereby specifically excluded;
   12. In relation to building material colours:
       1. Fascia boards, trim and exposed metal work must be colour coordinated with the balance of the building on the land. Unpainted metal work is not permitted.
       2. Fences, storage facilities and retaining walls will be colour coordinated with any other buildings on the land and will not be painted in vibrant primary colours.
   13. No lawn locker, garage shed or other structure is to be positioned on the allotment further forward than the alignment of the dwelling (or proposed dwelling) without the sellers consent;
   14. No fences shall be erected on the said land closer to the street than the house building line as fixed by the local authority. No fences shall be constructed of substandard materials (namely reflective finished material, corrugated or sheet iron and barbed wire or star pickets). Color bond panel fencing will be acceptable.
   15. External Antennae and other aerials must be unobtrusive and located towards the rear of the dwelling house.
   16. Satellite Dish will only be approved if positioned below the roof line.
   17. Solar Panels must be integrated with the roof design and must not be highly visible from roadways.
   18. Clothes lines must be screened from view from public areas.
   19. Air Conditioners are to be discreetly positioned away from direct view of public areas.
2. Notwithstanding anything in the Dividing Fences Act 1953 to the contrary, the Seller shall not be bound and the buyer shall not make any claim against the seller to contribute to the construction of any dividing fence between the land or any adjoining lot owned by the seller.
3. The seller shall have the right to vary, exclude or elect not to enforce any of the conditions herein setout in respect of the land or any other land within the residential estate. The buyer specifically absolves the seller from any liability whatsoever for any action taken varying, electing not to enforce or excluding any condition.
4. The seller and the buyer acknowledges and aggress that it is not their intention by this agreement to create any legal duty enforceable by a third party pursuant to Section 55 of the Property Law Act 1974.
5. The buyer shall not sell, transfer or otherwise dispose of the Land or any part thereof to any person without first obtaining from such person a deed for covenant in favour of the seller to be bound by the same terms and conditions as are contained in this Annexure. For the purpose of this clause, ‘person’ shall include a company.
6. The parties agree that for the purposes of GST the seller shall adopt the Margin Scheme.