About your home

St Mary’s Island residential properties are subject to restrictive covenants, the purpose of these covenants is to protect the environment and appearance of the Island.

There is a standard set of covenants which is universal to all residential properties, and a number of specific covenants which apply to localised areas within the development.  When you purchase a property on St. Mary’s Island you sign a Deed of Covenant in which you agree to abide by Purchasers and Restrictive Covenants, these are designed to ensure that St. Mary’s Island remains a wonderful place to live.

Covenants are enforceable by the Rentcharge Owner (rentcharge ownership passes to Chatham Maritime Trust usually within a year or two of first sale), but the HCA (formerly SEEDA) – now known as Homes England and housebuilders may also have rights of enforcement.

When you sell or re-mortgage your property you will be asked to complete a Breach of Covenant Checklist Form.

Our Policy on Restrictive Covenants

In 2014/15 Chatham Maritime Trust carried out a review of its policy on the application of restrictive covenants.  This review included a survey of the views of Island residents, and consultation with other stakeholders.

The Residents’ Survey produced a very strong response, and of these the overwhelming opinion was supportive of the covenant policy being put forward.

The Restrictive Covenants document contains more information, however, some properties have variations or additional covenants particular to their area or property.  For full details, residents should check their Land Registry Deeds.

Additional Information

• Purchaser’s Positive Covenants 
• Guidelines for Residents
• St. Mary’s Island Residents Association – guidance information for residents

Houses and flats on St. Mary’s Island face restrictions on extensions, alterations, and external additions.
Removal of original landscaping plants requires Trust consent.

Key restrictions include:

• Restrictive Covenants: Changes need written consent from Chatham Maritime Trust as per applicable policies.
• Planning Requirements: St Mary’s Island is excluded from General Development Order provisions, meaning most changes need planning consent from Medway Council.
• Building Regulations: Significant construction may also require approval from Medway Council.

All development requires permission from both Chatham Maritime Trust and Medway Council. Lack of necessary consents can affect property value and saleability, and unauthorized works may breach covenants.

For like-for-like replacement of soffits and fascias, consent from the Trust is not required, but they should be informed for record-keeping.

Changing windows from wood to UPVC requires Trust consent; resizing windows needs both Trust consent and a planning application to Medway Council, which typically takes 6-8 weeks.

Installing a garden tap does not need planning permission from Medway Council.

There’s no guarantee for retrospective consent, which can delay property sales. Since January 2018, Medway Council requires planning fees for applications where permitted development rights have been removed. Previously fee-exempt applications for sheds are now subject to fees.

Medway Council aims to determine minor applications within 8 weeks and major applications within 13 weeks. For further information, visit www.medway.gov.uk.

Chatham Maritime Trust’s policy generally aligns with Medway Council’s planning decisions. The Trust will not approve any applications denied by Medway Council.

Trust staff are available for brief informal discussions about resident proposals—appointments are required at the Estate Office, so please bring relevant information.

Residents must submit a formal application to the Trust, accompanied by a non-refundable fee. There is no application form; proposals can be sent in writing or emailed.

Applications should include:

• A written proposal with external dimensions and finishes
• For extensions or significant works: two professionally-produced drawings
• For outbuildings/external fixtures: plans or elevations showing the proposed location
• A copy of any Medway Council planning consent or application
• Payment of the appropriate fee

Upon approval, the Trust will provide a formal consent letter, which should be kept with the property deeds for future sales.

The Trust may consider retrospective applications for completed work, but consent is not guaranteed. Relying on this may delay your property’s sale.

Fees

Chatham Maritime Trust charges fees for various consents and certificates per the St Mary’s Island Rentcharge Deeds.

NOTE: All properties on St Mary’s Island have piled foundations due to ground conditions. Homeowners planning extensions (including conservatories) must seek appropriate foundation design advice, as this is their responsibility. The Trust provides no guidance or approval for specific designs and does not recommend contractors or consultants.

For advice, residents can contact:

The Institution of Structural Engineers
11 Upper Belgrave Street
London SW1X 8BH
Tel.: 0207 235 4535
Or visit www.findanengineer.com

Considering buying or selling property on St Mary’s Island?
Inform your solicitor or conveyancer to streamline the process and prevent delays.

All houses on St Mary’s Island are governed by a Rentcharge Deed, which outlines obligations regarding property appearance and use, as well as an annual rentcharge, similar to a maintenance fee, paid to the Rentcharge Owner, typically the Chatham Maritime Trust. Buyers must sign a Deed of Covenant with the Trust during a sale, prepared by their conveyancer, who also ensures the rentcharge is current and that there are no seller breaches.

The Trust issues a Certificate of Compliance, necessary for Land Registry to register the Buyer’s title, and the Seller remains liable under the original Rentcharge Deed until this is completed. This process also applies to joint ownership sales and new mortgages, where a Certificate of Compliance is required but not a new Deed of Covenant. These rules apply only to houses, not flats.

For more details, consult your conveyancer and refer them to the website’s section on ‘Information for Conveyancers’ to avoid delays in your transaction.

All homes on St Mary’s Island are subject to an estate rentcharge under the Rentcharges Act 1997. A Land Registry restriction requires a Certificate of Compliance from the Rentcharge Owner before any property disposition can be registered. Generally, this owner is Chatham Maritime Trust, which acquired this role from English Partnerships or SEEDA shortly after the first sale.

In property transactions, buyers must enter into a Deed of Covenant with Chatham Maritime Trust, which can also issue consent on behalf of other parties listed in the Rentcharge Deed. Applications should only be sent to Chatham Maritime Trust to avoid delays. The Deed of Covenant form varies by developer and should be requested from the Trust, as incorrectly completed forms will not be accepted.

Completed Deeds, along with the appropriate fee, should be sent to Chatham Maritime Trust, which will issue a Certificate of Compliance if there are no rentcharge arrears or significant breaches of covenant. For non-ownership changes (like re-mortgaging), a Certificate is still required, but not a new Deed of Covenant, and a smaller fee applies.

Chatham Maritime Trust offers pre-completion inquiries to check for any rentcharge issues. For flats or maisonettes, the rentcharge is linked to the freehold, and no application to the Trust is needed for selling. Enquiries about individual leases or consents from freeholders should be directed to them. A Management Pack is available for £10, containing additional information.