Buying and Selling Homes in Hampstead Garden Suburb

Simon Nosworthy

Buying a house in Hampstead Garden Suburb

While character, green spaces and the best of domestic architecture are big draws when purchasing a home in Hampstead Garden Suburb, those things do not happen by accident. The estate is subject to a strict scheme of management that contributes significantly to its appeal.

The scheme allows a governing body, the Hampstead Garden Suburb Trust, to retain control over the buildings and land on the estate. The Trust’s main purpose is to regulate the use and appearance of homes in the Suburb, to preserve the area’s unique character and charm.

Prospective buyers need to be aware of the scheme as it will impact what you can and cannot do with your property. The scheme rules also add some additional conveyancing steps that must be carried out before the purchase is legally binding.

In this article, we answer frequently asked questions that come up when people look to buy a property in Hampstead Garden Suburb.

How does the estate management scheme work?

Homeowners often assume they have the freedom to do what they like with freehold properties. However, when a scheme of management is in place, ownership looks more like a leasehold.

In the case of the Suburb, the Trust owns the benefit of various covenants that bind each freehold homeowner. Most of them relate to how your home should look. For example, you cannot modify the exterior of your property without prior approval from the Trust, in much the same way that a leasehold owner cannot make structural changes to their apartment without consent from the freeholder.

To be clear, the Trust’s objective is not to stop residents from altering their houses, but to ensure that changes are in keeping with the spirit of the original design. They publish design guidance and give advice on repairs, alterations, extensions and garden work to help homeowners abide by the rules.

What are the scheme rules?

Your residential conveyancing solicitor will provide you with a copy of the scheme rules during the conveyancing process. You can also access them through the Hampstead Garden Suburb Trust website. The key provisions include:

• Requirement to obtain the Trust’s consent before making external alterations to the property, including extensions, roof additions, window replacements, swimming pools, sheds, awnings, driveways and CCTV installation.
• Requirement to obtain the Trust’s consent to tree and hedge work.
• Restriction on using garage space for anything other than vehicle storage. The Trust may grant a deed of variation allowing garages to be converted into habitable space upon the payment of a premium, if the Trust is satisfied with the design and impact on neighbours.
• No washing or clothes to be hung out at the front of the property.
• Obligations to keep the home in good repair.

Major works may also require planning or listed building consent. You will need to apply to the London Borough of Barnet in addition to obtaining consent from the Trust.

The Trust has no control over internal alterations to a freehold property, as long as it remains a single family home. However, leasehold properties may include a clause restricting internal structural alterations. Your solicitor will verify this during the conveyancing process.

Is there a maintenance charge?

The scheme comes with a small annual management charge which typically is around £150-£200 for freehold properties.

Some freehold properties enjoy rights of way over private roads and other communal spaces. Those properties are required to pay an additional charge relating to the maintenance of those areas.

The charges are tied to the property, not the owner. If you buy a property with outstanding charges on the account, you will become liable to pay them.

You will also need to pay fees connected with obtaining consents from the Trust, including consultation with the Trust’s architects ahead of major works. The Trust regularly publishes a guidance list of charges on its website.

How does the scheme affect the buying process?

The scheme introduces some additional stages to the standard conveyancing process. Exactly what these look like will depend on what type of property you are buying (freehold or leasehold), whether you wish to carry out work to the property, and what the seller’s track record is in terms of compliance with the scheme rules.

As a minimum, your solicitor will guide you through the following considerations:

Do you plan to alter the property? If you are buying the home in the hope of making external changes, such as building an extension or a swimming pool, you will need to make a pre-contract application to the Trust. This is essentially an early enquiry into whether the Trust would approve your plans and if they would charge a premium for providing consent. If they would not, then you may need to consider if this is the right property for you.

Are there any outstanding charges on the account? Your solicitor will obtain the statement of account for the property and arrange for the seller to pay any arrears (or retain the cost from the purchase price). It’s usual practice for the current year’s maintenance and management charges to be apportioned between the parties on completion.

Are there any unapproved alterations? Your solicitor will check whether any infringements have been logged against the property, if works have been carried out without Trust consent. The Trust will require these works to be regularised before they register you as the new owner. They may also charge a fee or premium for retrospectively approving these works. Rectification costs may be substantial, depending on the extent of work required. You can negotiate with the seller who should pay for the remedial works, and what works should be carried out instead. These negotiations will need to start early and may affect your decision to buy at the price agreed.

Do you have the rights you need? Your solicitor will check whether the home has access to unadopted roads, communal gardens and open spaces, and what the annual charges are.

What do I need to do before selling my Hampstead Garden Suburb property?

The Trust must be informed when the sale has completed and will charge a small fee to register the new owner and any mortgage on the property.

However, they will not register the change of ownership until all infringements have been lifted from the account.

This restriction means it will be very difficult, even impossible, for you to sell the property if unauthorised works have been carried out or charges remain unpaid.

You should speak to a solicitor before you put the home on the market. They can check whether the works you have carried out have the proper consents. If they do not, it may be possible to obtain the Trust’s consent retrospectively. Speak to your solicitor about your options.

Speak to one of our Hampstead conveyancing solicitors

Our award-winning Hampstead conveyancing solicitors are specialists in legal matters related to the Hampstead Garden Suburb Trust scheme. We have in-depth knowledge of the scheme rules and have helped numerous clients successfully navigate the process of buying or selling property in this unique conservation area. To speak to a member of our residential conveyancing team.

• Call us on 020 7485 8811, or
• Fill out a contact form below