COVENANT PURPOSE AND PROCEDURES

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Gary Riley
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2 COVENANT PURPOSE AND PROCEDURES COVENANT PURPOSE. Oakland Estate is a neighbourhood developed by Robinson Projects, with the intention of creating a visually pleasant living space and environment for families at the heart of the Scenic Rim. To ensure this objective is realised, homes built within the Estate are subject to a design covenant, outlined in the following document. This covenant ensures that the neighbourhood will have a harmonious aesthetic, whilst allowing each home to have individual character. This design covenant may be subject to change at the discretion of the developer, and applies to all homes built within the estate. ALLOWABLE LAND USE AND CONSTRUCTION TIME. Oakland Estate s covenant prohibits relocatable homes and the construction of more than one dwelling on each allotment (unless otherwise approved as a duplex by local authority and the developer). These are mandatory requirements and will not be varied under any circumstances. A restriction may be created on title to each lot when the plan of subdivision creating this lot is registered. The restriction may, among other things, require that any works carried out on the lot until the earlier of 10 years after registration of the plan and three years after completion of the Estate are approved by Oakland Estate before the works commence. Construction of the dwellings should be commenced within 6 months, and completed within 18 months from the date of approval of plans by Oakland Estate. SETBACKS. Oakland Estate requires all setbacks to comply with those laid out by Scenic Rim Regional Council. At the time of this document s creation, these setbacks are: referencing that the estate requirements are based on Scenic Rim city council - which may alter from time to time. Current setbacks at the time of producing this document are: 1. 6m back from the road m from either side m from rear. COVENANT APPROVAL PROCEDURE. Before plans are submitted to Scenic Rim Regional Council or the building surveyor, documentation and the below forms must be submitted to approvals@oaklandestate.com.au. If all documentation has been correctly submitted and the forms filled out correctly, please allow 15 working days to covenant approval. Page 2 of 14

3 The Buyer acknowledges that the Land forms part of a residential development known as "Oakland Estate" (Estate). These building covenants (Covenants) are designed to achieve the following: (a) to promote a high standard of design and construction; and (b) to maintain and protect the value of residential dwellings therein; (c) to retain the physical nature of the environment and encourage visual amenity by requiring top quality site landscaping by the Buyer; and (d) to establish a modern and attractive residential area. In these Covenants, "Buyer" means the registered owner of the lot including its successors and permitted assigns. In these Covenants "Seller" means Scenic Rim Developments Pty Ltd (ACN ), including its successors and permitted assigns. A. BUILDING COVENANTS TO BE COMPLIED WITH BY THE BUYER 1. Building 1.1 The Buyer must not relocate to and erect on the Land any structure which has been previously erected on other land, nor will the Buyer construct buildings on the Land using second-hand building materials. 1.2 The Buyer must not construct or relocate a garage or outbuildings of any type on the Land as a sole structure on the Land. 2. Positioning of Buildings on the Land 2.1 Housing setbacks for boundaries must comply with the Local Government standards. No relaxations to the setbacks to be applied for. 2.2 Front Entry to the Dwelling must face the front street boundary and be within 1.2m of the front dwelling main wall. 2.3 Outdoor entertaining area must be a minimum of 5m from the front elevation wall. 2.4 The Buyer acknowledges that: (a) all buildings and other improvements (including pools, cut/fill batters, rainwater water storage provisions, etc) are to be located entirely within the designated building envelope unless approved otherwise by the Local Government, the only exception being the siting of access driveways and services; Page 3 of 14

4 (b) any application to amend the building envelope must be made by the Buyer following Settlement and at the Buyer's cost; and (c) development outside the designated building envelope may not be supported by the Local Government. 3. Building Dimension / Sizes 3.1 Single Dwellings must be of a minimum of 3 Bedrooms 3.2 Duplex Dwellings must have at least one Dwelling a 3 Bedroom. 3.3 Dwellings must be a minimum of 9m wide and 14m long under the main roof. 3.4 Garages to be a minimum 5.4m wide for the Dwelling and any additional garages after must be a minimum 2.9m wide. 4. Roofing 4.1 Roofing can be of a custom orb or a concrete tile. 4.2 No terracotta roof tiles are to be used. 4.3 No commercial roof sheeting is to be used. 4.4 The roof colour must match a standard Colour Bond range or Zinc. 4.5 Roof lines of gable, hip and skillion are acceptable and roofs must not be round. 4.6 Roofs must have no more than 3 pitches within 1 elevation. 5. Eves and Gutters 5.1 Eves must be a minimum of 450mm in width to the North and West elevations of a Dwelling. 5.2 Gutters are required to service 100% of the roof catchment for the Dwelling. 6. Cladding 6.1 Cladding must be comprised of brick, fibre cement, weatherboard or concrete panels. 6.2 No clear coated timber is to installed above eve height Page 4 of 14

5 7. Feature Materials. 7.1 No clear finish timber is to be used other than on doors, windows and feature posts. 7.2 No recycled materials other than a feature post which must be dressed. 8. Garage 8.1 Garage doors to be of a panel lift type. 8.2 No roller doors and no solid panel doors. 8.3 Garage door colours to be of the standard Colour Bond range. 9. Driveways 9.1 Driveways must be a minimum 125mm thick concrete. 9.2 Driveways can be decorated or broom finish and have a paver border to concrete surface. 9.3 Driveways must not have pavers or have compacted materials. 10. Landscaping 10.1 Landscaping must be completed within 6 weeks from practical completion of the Dwelling Front yard to the back of kerb must be turf and of a couch style and no Sir Walter/Buffalo turf to areas of direct sun All yards must have 1 x 45L feature tree and 3 x 25L tree with a garden bed area of min 5sqm with a concrete edge planted with native grasses as a minimum. 11. Retaining Walls 11.1 Retaining Walls to be constructed by a masonry product Timber not to be used in front landscaping. Timber to be of the H3 treatment if used within the rear yard All retaining walls must comply with the regulations of the Local Government, and must be erected immediately after the site works have been completed. Page 5 of 14

6 12. Structures / Sheds 12.1 No sheds are to be built prior to the Dwelling No sheds to be larger than 6m x 9m or 54sqm No Sheds to be built in front of the front elevation wall of the Dwelling and must be setback a minimum of 5m from that front wall. 13. Fencing 13.1 Pine or hardwood timber paling from 75mm-100mm in width with a minimum of 3 railings Metal sheet fencing may be used from a propriety product All fencing must give at least 90% block out Fencing must not be feature timber in clear finish No roofing materials are to be used for fencing All fencing must be completed prior to any occupancy of the Dwelling Notwithstanding any clause contrary in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, the Seller is not be bound to contribute to the construction of any dividing fence between any allotment sold and any adjoining allotments owned by the Seller or any parkland or reserve. 14. Solar 14.1 No solar service of any type permitted to the front elevation of the Dwelling and must be setback 5m from the front gutter line. 15. Services 15.1 No hot water, gas, pump services are to be seen from the front boundary of the Land Water tanks must not be higher than the eves and must be set back 2m from the front elevation wall of the Dwelling unless screened by fencing etc. Page 6 of 14

7 16. Colours 16.1 No dark tones to the cladding, only to the trims and features No bright fluorescent colours No pinks or purple tones. 17. Storage 17.1 Any caravan, boat, trailer, or unregistered vehicle stored or parked on the Land if not housed in a garage or outbuilding, must be stored or parked at the rear to the Dwelling and if visible from the roadway will be screened. 18. Use 18.1 The Land must not be re- subdivided without the consent in writing of the Seller nor must any application be made without the prior consent in writing of the Seller to change the permitted use of the Property from single unit dwelling residential accommodation to any other use No businesses or commercial undertakings can be operated from any residence unless it has the necessary permit from the Local Government. 19. Signs 19.1 Signs will not be permitted on the Land with the exception of the following: (a) one (1) builders sign, not exceeding one (1) metre square at time of construction. Sign to be removed on completion of the construction; and (b) one (1) sign advertising the sale of the residence, not exceeding one (1) metre square to be erected after the removal of the builders sign. 20. Appurtenances 20.1 Clotheslines must not be visible from the street or parklands, taking into account location and aesthetics External antennae, satellite dishes and radio aerials must be unobtrusive and located towards the rear of the Dwelling. Page 7 of 14

8 B. CONSTRUCTION OBLIGATIONS 21. General 21.1 The Buyer must ensure that the Land is kept in a tidy state and maintain this state free of weeds, overgrown grass and rubbish before, during and after construction. No excavation materials, trees, builder s rubbish or waste of any kind can be deposited on adjoining properties No temporary buildings, caravans, tents or temporary dwellings or structures can be erected on the land and used for residential purposes The Buyer warrants that the Buyer will not occupy the Dwelling until the Dwelling has been approved and completed and a final certificate has been issued by the Local Government and a copy is available to the Seller No building will be left partially constructed without substantial building work being carried out for longer than three months. Total construction time for erection of a building will not exceed six months No building works can be left incomplete or without substantial work being carried out for a period longer than two (2) months. 22. Tree Removal 22.1 The Buyer must not remove any trees from the Land without written approval from the Local Government. Any fallen trees, logs and branches must be removed from the Estate. 23. Earthworks 23.1 No soil or gravel can be removed from or placed upon the Land except in excavating the foundations of any building to be erected on it or in preparing or laying out landscaping and drainage. Soil must not be removed from or placed on other allotments or parklands. Topsoils for landscaping purposes will be permitted. Page 8 of 14

9 C. BUYER S ACKNOWLEDGEMENTS 24. Buyer Bound by Covenants 24.1 The Buyer acknowledges that these Covenants will form a legal and binding part of the Contract of Sale for the Land The Buyer and Seller agree that the terms of these Covenants will not merge on settlement of the Contract. 25. Right to Vary Covenants 25.1 The Seller reserves its rights in any other sale and from time to time to vary the Covenants contained herein and in that event, the Buyer will have no claim whatsoever against the Seller The Seller may in its absolute discretion vary or exclude any of these covenants from any contract for the sale of any lots in the Estate. 26. Sale or Disposal 26.1 The Buyer agrees to be bound by the Covenants, and will not sell, transfer or otherwise dispose of the Land without first delivering to the subsequent buyer, transferee or disposee a copy of the Covenants for the Estate containing Covenants on the same terms as those set forth in these Covenants The Buyer acknowledges that should the Buyer enter into a sale contract to sell the Land that contract must include a special condition whereby the prospective new buyer (Transferee) will become bound by the terms of these Covenants to the same extent as if the Transferee had signed this Contract as the Buyer and for the Transferee must sign the Deed Poll attached to these Covenants and the Contract If the Buyer fails to include the abovementioned special conditions in the sale contract, the Buyer acknowledges that it will remain liable for any negligence or non-compliance of these Covenants by the Transferee. Page 9 of 14

10 D. COMPLIANCE 27. Approval Process 27.1 All building work must be approved by the Seller, as compliant with the Covenants prior to the commencement of work The Buyer must submit the following working drawings prior to lodging an application for building approval with the Local Government: (a) Site Plan (1:200) showing all boundaries, original and proposed finished ground levels, allotment boundaries and north port, location of water tanks, clothes lines and outbuildings; (b) Floor Plans (1:100) showing habitable rooms, all living areas, doors, windows, and overall dimensions and roof line over; (c) Elevations (1:100) - showing four sides, of the proposed building height above existing ground level and proposed materials, windows and doors; (d) Materials and colour schedule showing building materials and colours proposed for external walls, roofing, water tanks, pathways, driveway and fencing; and (e) Landscape Plan (1:200) showing the landscape and external works, driveways, paths, terraces, swimming pools, retaining walls, garden sheds, plantings and fencing locations. 28. Compliance with Building Covenants Generally 28.1 The Buyer: (a) acknowledges that the Seller has a significant investment in the Estate, and has an interest in maintaining the value and desirability of lots within the Estate; (b) acknowledges that a failure by the Buyer to strictly comply with the Covenants will diminish the value of the Seller's significant investment in the Estate; (c) acknowledges that a failure by the Buyer to strictly comply with the Covenants will diminish the value and desirability of: (i) unsold lots in the Estate in the hands of the Seller; and (ii) lots sold by the Seller to other owners within Estate. Page 10 of 14

11 (d) agrees that in the event that the Buyer does not strictly comply with the Covenants, the Seller will have legally enforceable rights against the Buyer, including the right to seek orders from the Courts compelling compliance by the Buyer, the right to enter onto the Land to undertake works to remedy a non- compliance and/or the right to seek damages against the Buyer; and (e) hereby irrevocably grants to the Seller or the Seller's representative or agent, a licence to enter onto the Land to undertake work reasonably necessary to rectify any noncompliance with the Covenants, such right not to be exercised until after notice has been given by the Seller to the Buyer to rectify the breach and that breach has not been rectified within the period provided for in the notice The Buyer warrants and represents to the Seller that the Buyer will comply strictly with the terms of the Covenants and that it has the capacity to do so and the Buyer acknowledges that the Seller has relied on and been induced by those warranties and representations, to enter into the Contract with the Buyer to sell the Land In further consideration of the Seller entering into the Contract with the Buyer to sell the Land, the Buyer hereby: (a) indemnifies the Seller in relation to all claims and liabilities whatsoever, which are made or may be made by any other person against the Seller, its agents, employees, directors or contractors, arising directly or indirectly out of or in connection with any failure by you to strictly comply with the terms of the Covenants, including all claims for damages and costs (on a full indemnity basis); and (b) indemnifies the Seller in connection with all legal costs and outlays incurred by the Seller in enforcing or attempting to enforce the Covenants, on a full indemnity basis. BUYER SIGNATURE BUYER SIGNATURE Page 11 of 14

12 COVENANT APPLICATION BUYER DETAILS NAME: POSTAL ADDRESS: POST CODE: BEST CONTACT NUMBER: ADDRESS: HOUSE DETAILS LOT NO WHAT % SITE COVERAGE OF DWELLING? AREA OF THE DWELLING (EXCLUDE GARAGES, OUTDOOR LIVING): AREA OF ATTACHED GARAGE AREA OF OUTDOOR LIVING TOTAL AREA OF DETACHED GARAGE: ROOF PITCH: EAVES: HOUSE DESIGN: HOUSE DETAILS EXTERNAL MATERIALS/COLOURS WALL MATERIAL: TYPE OF BRICK AND COLOUR: WALL COATING: RENDER COLOUR: ROOF MATERIAL AND COLOUR: GUTTER COLOUR: FASCIA COLOUR: Page 12 of 14

13 WINDOW FRAME COLOUR: GARAGE DOOR TYPE/COLOUR: DRIVEWAY MATERIAL/COLOUR: FENCING MATERIALS/DESIGN: LETTERBOX MATERIALS/DESIGN OTHER PROPOSED STRUCTURES SPECIFY ANY SHEDS, PATIOS, SWIMMING POOLS OR OUTBUILDINGS PLANS ATTACHED YES/NO: DRAWING NUMBERS: RAINWATER TANKS (SIZE/COLOUR): EARTHWORKS DETAILS CUT/FILL DETAILS: HEIGHT OF ANY RETAINING WALLS (PLANS IF OVER 600MM): BUILDER DETAILS NAME: LICENCE NO: POSTAL ADDRESS: CONTACT NAME: BEST CONTACT NUMBER: ADDRESS: Page 13 of 14

ATTACHMENTS To avoid delays with your covenant application, please ensure all of the following are attached. All must be presented in A3 PDF FORMAT. Photos of plans will not be accepted.

(1:100) showing habitable rooms, all living areas, doors, windows, and overall dimensions and roof line over; Elevations (1:100) - showing four sides, of the proposed building height above existing

14 ATTACHMENTS To avoid delays with your covenant application, please ensure all of the following are attached. All must be presented in A3 PDF FORMAT. Photos of plans will not be accepted. Site Plan (1:200) showing all boundaries, original and proposed finished ground levels, allotment boundaries and north port, location of water tanks, clothes lines and outbuildings; Floor Plans (1:100) showing habitable rooms, all living areas, doors, windows, and overall dimensions and roof line over; Elevations (1:100) - showing four sides, of the proposed building height above existing ground level and proposed materials, windows and doors; Materials and colour schedule showing building materials and colours proposed for external walls, roofing, water tanks, pathways, driveway and fencing; and Landscape Plan (1:200) showing the landscape and external works, driveways, paths, terraces, swimming pools, retaining walls, garden sheds, plantings and fencing locations. APPLICATION SIGN-OFF BY BUYER BUYER SIGNATURE WITNESS SIGNATURE BUYER SIGNATURE WITNESS SIGNATURE DATE THIS ANNEXURE NOT TO BE SIGNED OR DATED BY THE BUYER/S UNTIL SUBMITTING PLANS FOR COVENANT APPROVAL. Page 14 of 14

Building Covenants. 2. Covenants. 1. Purpose. 3. Maintenance of Lot. 4. Removal of soil and gravel

Building Covenants. 2. Covenants. 1. Purpose. 3. Maintenance of Lot. 4. Removal of soil and gravel (f) each of the buildings in the Estate comply with the Plan of Development, development approvals and laws and requirements. Building Covenants 1. Purpose 1.1 The Buyer acknowledges that the Lot is part