Where a developer in Somerset constructs a brand new housing estate of new build proeprties, they will will have to abide by strict planning conditions laid down by the local authorities who granted them planning consent to build the houses on the estate.

There are new housing developments of new build properties at Somerset The Old Cider Works, Station Road, Norton Fitzwarren, Taunton, Dunstan Park, Wells Road, Glastonbury, Wyndham Park Yeovil, Lyde Road Yeovil, Withycombe Meadow, Off Worston Road, Highbridge, being built by builders such as Taylor Wimpey, David Wilson Homes, Bovis and Bryant Homes

It will be the developers duty to make certain that the conditions of the planning approval are obeyed by those people who buy a new build property on the estate and their successors in title. Builders make this happen by putting Restrictive Covenants on the titles to the properties on the estate.

A restrictive covenant is a promise by one person with another, for instance, by a buyer of property with a vendor, to avoid certain things with the land, for example to build on it or make use of it as a shop or manufacturing unit.

Restrictive covenants are fundamentally a type of private planning control. They place limitations on the development or use of property, for the benefit of another plot of land of property, and tend to be enforceable by one landowner against another.

Listed in the Charges Register of the Title Deeds, Restrictive Covenants bind the land and not the purchaser personally and for that reason "runs with the land". This means that the covenant continues on even when the purchaser sells the property onto someone else. Restrictive covenants also continue to have influence even though they were made a long time ago.

Restrictive covenants often allow adjacent property owners, that have similar covenants on their deeds, to enforce the terms of the covenants on their nearby neighbours property in a court of law.

Restrictive Covenants generally serve to preserve and improve the value of the properties on the estate by making certain that any modifications to the properties on the estate are strictly controlled thereby guarding against house owners using their properties in a way that will cause nuisance or annoyance to the neighbouring properties and 'lowers the tone' of the neighbourhood. Thus maintaining the character of Somerset

• Well-known Restrictive covenants on new housing estates may be:
• Never to keep commercial vehicles on the property
• Not to hang laundry out at the front of the building
• Not to alter the look of the property without having the written approval of the builder.
• To never park caravans or boats on the property
• Never to keep animals (except for household pets) on the property.
• Don't build a wall or fence in front of the property
• To never build any structure, such as an extension without the written consent of the developer.
• Not to use the property for anything other than a private dwelling house in the occupation of one family
• Not to ever use the property for business purposes, for instance, trade or manufacture

If a person violates or attempts to violate one or more of the covenants, someone that has got the benefit of the covenants, usually the developer, may sue to enforce the restrictions. On most brand new estates, the Restrictive Covenants within the titles to the houses are also for the benefit of the owners of the other houses on the estate.

Restrictive covenants are outside of Planning Consent. Obtaining the consent of the person who has the benefit of the Restrictive Covenant is extra to any requirement for getting Planning Consent from the local authority.