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Building Permits and Restrictive Covenants

    In South Carolina, a local planning agency is required by S.C. Code § 6-29-1145 to inquire in the permit application, or in written instructions provided to the applicant, if a parcel of land is restricted by a recorded covenant.

    The planning agency itself is not required to conduct a search of public records, but if the agency has actual notice of a covenant that “is contrary to, conflicts with, or prohibits” the activity for which a permit is being sought then the permit may not be issued.
    Actual notice may be derived from the application, materials or information submitted by the person requesting the permit, or from other sources, including, but not limited to, other property holders.  The planning agency may not issue the permit until such time as it receives confirmation that the restrictive covenant has been released for the parcel of land.

    An example of this requirement can be seen in the Charleston County Site Plan Review Application Package.

    This site and any information contained herein is intended for informational purposes and should not be construed as legal advice.  Seek a competent attorney for advice on any legal matter.

Authors: Ryan McCabe

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