Building Covenants Sample Clauses

Building Covenants. This Building Covenant has been created to facilitate the construction of a premier community with the objective of providing a diverse range of residential product. Sovereign Shores Estate is a well planned residential community offering contemporary living directly adjacent to the Broadwater, Coomera River and close to all amenities. When considering the design of your dwelling, purchasers are encouraged to utilise climatic responsive design principles that are applicable to coastal South-East Queensland (a) The Buyer acknowledges that the land is part of a premier residential subdivision and it is desirable, in the interests of all Buyers of lots within the development, that the Seller exercises supervision and control to ensure that a high standard of design, construction and finishes of the dwellings within the development is maintained. (b) As a result of the Seller’s desires and intentions in this regard the Seller has also produced Building Design Guidelines (hereinafter called ‘the Guidelines’) which set out architectural controls for dwellings being built within the Community, which form part of these Building Covenants as provided for in following Appendix A. (c) In consideration of the execution of the Contract of which this schedule forms part, the Buyer covenants and agrees to the building covenants (which are deemed to incorporate the Guidelines). (d) Any information supplied by or on behalf of the Seller is supplied for the convenience of the Buyer and does not form part of the Contract. The accuracy of any information supplied is not warranted by the Seller and the Buyer acknowledges that it has entered into this Contract solely on the basis of the Buyer’s own investigation. The Seller will not be liable in Contract or in Tort for the accuracy, adequacy or suitability of any information, documents or advice in relation to the condition of the Lot or its surroundings. (e) The Seller reserves the right at the request of the Buyer or at its own discretion to vary or exclude any of the obligations under the Covenants provided that such action will only be taken by it in keeping with the aims to establish a modern well designed residential estate. No variation will be effective unless it is in writing and signed by both parties. The Buyer hereby absolves the Seller from any liability whatsoever for any action taken in the variation or exclusion of any Covenant including a Covenant with any other Buyer in the estate. The Seller acknowledges that...

Building Covenants. 4.1 The Grantor will not undertake any Works without first obtaining from the Local Authority all necessary consents and permits for such Works. 4.2 The Grantor when undertaking any Works will: (a) Comply with any applicable consents, permits, Local Authority requirements, conditions of the subdivision resource consent or any variation and any consent notice registered on the title to the Lot pursuant to Section 221 of the Resource Management Act 1991; (b) Comply with good industry building and engineering standards and specifications and with the covenants contained in this Instrument. 4.3 The Grantor must provide concept plan to and consult with the Developer before commissioning any final plans or specifications for any Works to be undertaken on the Lot or any part thereof and not commence to do, erect or place or permit to be done on the Lot or any part thereof any Works without first obtaining the Developer’s approval (such approval not to be unreasonably withheld or delayed) to: (a) The final plans and/or specifications for the Works and, if in respect to any building, to be prepared by a Registered Architect or member of Architectural Designers New Zealand (Inc) or the Design Association of New Zealand who must be suitably experienced in the design of the proposed Works provided that within the Land no two or more residential dwellings will be of the same or significantly similar design (in the reasonable opinion of the Developer) for which the Developer will be entitled, at its sole discretion, to withhold its approval required in accordance with this clause; (b) The materials, finishes and exterior colours to be used in the construction of the Works. The Grantor will pay a $250.00 (plus GST) fee for the Developer’s approval of plans and specifications for the Works and a further fee of $75.00 (plus GST) to any subsequent variation to or further submissions in respect of such plans or specifications. 4.4 The Grantor will not erect or place or permit to remain on the Lot any dwelling or other building or structure other than a Single Story Residential House designed for and occupied exclusively as one single family household unit for residential purposes only with a floor area of not less than 160 m2 excluding garaging, carports, decking, cloisters or roof overhang, provided however: (a) The minimum cost per square metre (materials and construction) for the primary residential dwelling and a secondary residential dwelling (if any) will not be less t...

Building Covenants. (a) The Buyer acknowledges that: (i) the Lot comprises part of the Estate; (ii) it is in the interests of the Buyer for the Seller to control the quality of Building Works in the Estate to help protect the Buyer's investment in the Lot; (iii) the Seller has the sole discretion as to whether or not the Seller seeks to enforce covenants which are obtained from any other buyer, owner or occupant of land within the Estate; (iv) the Lot may also be subject to further statutory requirements regarding, without limitation, acoustic levels, building envelopes, vegetation removal and replanting, these Building Covenants are in addition to any statutory requirements; and (v) it has read and understood the terms of the Development Approval and is aware of the compliance requirements under the Development Approval, including but not limited to location of access, building envelopes, statutory covenants and development criteria, as set out in the Development Approval. (b) The Seller may authorise any person or entity to administer and enforce the provisions contained in Schedule 2 and Schedule 3.

Building Covenants. 12.1 The Buyer acknowledges having received a copy of the Building Covenants before signing this Contract. 12.2 The parties acknowledge and agree that the Building Covenants form part of this Contract and will not merge on settlement of this Contract and shall continue in full force and effect and remain binding on the Buyer, ▇▇▇▇▇’s heirs, executors, successor and assigns (as the case may be). 12.3 The Buyer agrees to be bound by the Building Covenants as though the obligations on the Buyer detailed in the Building Covenants are warranties provided by the Buyer for this Contract. 12.4 The Buyer acknowledges and agrees that it is in the interests of the Buyer that the provisions of the Building Covenants are complied with to ensure the ongoing safe use and enjoyment of the Estate for all lot owners. 12.5 The Buyer acknowledges that the Seller may in its absolute discretion amend the Building Covenants from time to time as the Seller sees fit. 12.6 The Buyer may not object, bring any action or make any claim against the Seller in respect of: (a) any change to the Building Covenants from time to time; and (b) any non-compliance with the provisions of Building Covenants by any third party, other lot owners in the Estate or by the Seller. 12.7 The failure of the Seller at any time to insist on performance of any covenant or provision of this Contract or of the Building Covenants is not a waiver of the Seller’s right at any later time to insist on performance of that or any other covenant or provision of this Contract or of the Building Covenants.