You have planning permission, quotes from two builders and a design you love. Then your solicitor, or a neighbour, mentions a restrictive covenant property UK owners often never knew was on their title. Planning permission and covenants are separate systems, and a covenant can stop work that the council has approved.
A restrictive covenant is a legally binding promise, recorded against your land, that restricts what you can build or do on it. It can stop an extension, outbuilding or business use even if planning permission and building regulations are in place, and the person who benefits from it can enforce it. The good news is that most covenants are old, many are unenforceable in practice, and there are routes to deal with them.
What a restrictive covenant is and where it comes from
Covenants usually date from when a developer or landowner sold plots on an estate. To protect the look and feel of the area, they wrote conditions into the sale: no extensions at the front, no running a business, no more than one dwelling per plot, no caravans on the drive. The conditions “run with the land”, so they bind every later owner, including you.
Common examples
No building without the written consent of the original developer or a named neighbour.
No alterations to the front elevation, or no fences above a set height.
Use as a single private dwelling only, which can catch holiday lets and some home businesses.
No building within a set distance of the road or boundary.
How to find out if your property has one
Start with the title register and title plan from HM Land Registry. The charges register lists any restrictive covenants, often by reference to a deed from decades ago. You can download an official copy online for a small fee.
If the register says only “the land is subject to the covenants contained in a conveyance dated…”, the actual wording may be in an old conveyance that you need to request. This is where your original purchase paperwork helps, and why it pays to know where your title deeds are. Your conveyancer from the purchase may also have kept a copy.
Do not assume that because nothing came up at purchase, nothing exists. Solicitors flag covenants that affect your use at the time, but a later extension plan can raise a clause nobody discussed.
Can it actually be enforced?
My view: do not panic when you find a covenant, and do not ignore one either. Many older covenants cannot practically be enforced, but treating that as certain is a gamble, because the cost of getting it wrong lands on you.
Enforceability turns on a few questions. Who benefits from it, and are they still around or identifiable? Has the area changed so much that the covenant’s purpose has gone? Have other owners on the estate already broken it without challenge? And how long ago? A solicitor can weigh these up. For a covenant that clearly blocks your plan, the realistic risks are an injunction to stop or reverse the work, or a damages claim, and a buyer’s solicitor raising it when you sell.
Your options if a covenant is in the way
Ask for consent or a release
If the covenant names a person or company that still exists, you can ask for written consent or a formal deed of release. Expect to pay their legal costs and possibly a fee. Make the request before building, not after.
Take out restrictive covenant indemnity insurance
For a breach that already happened some time ago, or where the beneficiary cannot be traced, a one-off indemnity policy can cover the risk of a claim. It is generally cheaper than the alternatives, but there are conditions: insurers usually want you not to contact the beneficiary, and the policy is not available where you know someone intends to enforce. A solicitor should arrange it. If you are weighing it against other title problems, see our guide to documents when buying and selling.
Apply to the Upper Tribunal
The Upper Tribunal (Lands Chamber) can modify or discharge a covenant in some circumstances, for example where it is obsolete or blocks a reasonable use of land. It is a slower, more expensive route and usually a last resort.
How covenants fit with planning and building regulations
Three different checks apply to building work: planning (or permitted development), building regulations, and your legal title. Passing one does not pass the others. Our guide to planning permission and permitted development covers the first, and the covenant check is the one most people skip.
Covenants and selling your home
A covenant does not only matter when you build. When you sell, the buyer’s solicitor reads the charges register and asks whether any past work breached it. If you extended a decade ago without checking, expect a question about consent, and possibly a request for indemnity insurance as a condition of exchange. Sorting it before you list is usually quicker and cheaper than sorting it during a chain with a completion date looming.
Keep the evidence of any consent you obtain, because a verbal “that’s fine” from a neighbour or developer proves nothing years later. A short signed letter naming the work and the date is the minimum, and a formal deed is better.
A note on neighbours
Many covenant problems are really neighbour problems. The person with the benefit of a covenant is often the next-door owner or a nearby resident association. A short, friendly conversation, plus drawings that show the work is modest, resolves far more cases than any legal letter. If they are happy, ask them to confirm it in writing. If they object, you will at least know before you spend money on design fees and a builder’s deposit.
Keeping a record for the future
Whatever you find, write it down. A one-page note listing the covenant wording, the date you checked, any consent obtained and the work you carried out gives your future self, and any future buyer’s solicitor, a clear trail. It also stops the same question being re-researched every time you plan a project.
What to do in the next 30 minutes
Download the title register and title plan for your home from HM Land Registry.
Read the charges register for any entry mentioning “covenants” or “restrictions”.
Find your purchase paperwork and look for a copy of the original conveyance.
Write down exactly what you plan to build, with measurements, so a solicitor can compare it to the clause.
Do not sign a builder’s contract or start work until a solicitor has read the covenant wording.
Once you have the register, the deeds and any consent, keep them together. You can open your free Home+ document vault and store them with the property record, so the paperwork is there when you plan the next project or sell.
FAQ
Can a restrictive covenant stop me getting planning permission? No. Planning and covenants are separate. You can get planning permission and still be blocked from building by a covenant, so check both.
How do I find out if my house has a restrictive covenant? Get the title register from HM Land Registry and read the charges register. If the wording is not set out in full, request the referenced conveyance.
What happens if I ignore a restrictive covenant? Someone with the benefit of it may seek an injunction or damages, and a buyer’s solicitor may raise the breach when you sell. Take legal advice before building.
How much does restrictive covenant insurance cost? It is usually a one-off premium that depends on the property value and the nature of the breach.
Do covenants expire? Not automatically. Some become unenforceable over time, but you should not assume that without advice.
