What a restrictive covenant is
HM Land Registry describes a restrictive covenant as essentially a contract between two or more landowners, often neighbours. One landowner agrees not to do a particular thing on a defined piece of land. The promise is attached to the land rather than to the person, so it carries on binding later owners.
Covenants most often appear on estates where a builder imposed the same rules on every plot, and in leases where a block or estate has been split into leasehold units. A covenant can be decades old and still apply. Nothing makes it expire just because nobody has mentioned it for years.
The important word is restrictive. It stops you doing something. That is different from a positive covenant, which requires you to do something, such as maintain a boundary. This page is about the restrictive kind.
Where to find restrictive covenants on your property
Covenants are normally listed in the charges register, which is one part of the title register. The register is a written record of who owns the property, how it is held and what burdens affect it.
- Search for the property on the GOV.UK "Search for property information" service.
- Download the title register. The free property summary tells you the basics, but the register itself is where the covenant wording sits.
- Go to the charges register and read each entry. Covenants are often summarised, with a reference to the original deed.
- If the register says a deed is referred to, ask your solicitor whether a copy of that deed is held, because the exact wording decides what is allowed.
| Document | What you get | Cost on GOV.UK (checked 16 October 2026) |
|---|---|---|
| Property summary | Basic facts about the property | Free |
| Title register (download) | Owner, tenure, charges, covenants | £7 |
| Title plan (download) | The general extent of the title | £7 |
| Official copy (posted) | A certified copy | £11 per document |
Fees change, so check the GOV.UK page before you pay. Our own guides explain how to read a register part by part: how to read a title register and title register versus title plan. Our glossary entry on restrictive covenants gives the short definition.
Common kinds of restrictive covenant
Wording varies a lot between titles, so these are categories, not a list of what your property has:
- Limits on extending, altering or building on the plot, or on building in front of an existing line.
- Limits on using the property for trade or business, or for anything other than a single private home.
- Rules about keeping certain animals, hanging washing or parking certain vehicles.
- Rules about fences, walls and the appearance of the front of the house.
- Requirements to get the original developer's or a neighbour's consent before making changes.
Read the actual wording. A covenant that says "no business use" may or may not catch working from a spare room. Your solicitor can advise on how the words apply to what you plan to do.
Restrictive covenant or restriction on title?
The two sound alike and are easy to mix up, but they are different things.
A restrictive covenant is a promise about how land is used. A restriction on title is an entry in the register that controls whether a sale or other dealing can be registered. HM Land Registry's practice guide defines a restriction as an entry that prevents or regulates the making of another entry in the register. It can, for example, require a third party's consent or a certificate before a sale is registered.
In plain terms: a covenant limits what you do with the property, while a restriction limits whether a transaction can be registered until a condition is met. A restriction is normally dealt with by meeting its condition or by applying to change it, not by the routes described below.
What happens if a covenant is breached
Only the person who imposed the covenant, and later owners of their land, can enforce it. GOV.UK's guide to Upper Tribunal applications says so. In practice, the person who benefits from the covenant can ask a court for an order to stop the breach (an injunction) or for compensation (damages).
Whether anyone does depends on the facts: how long ago the breach happened, who benefits from the covenant, and whether they have complained. A breach that nobody has raised can still show up in a buyer's solicitor's enquiries and slow a sale. If you think a breach has happened, tell your solicitor early rather than hoping it goes unnoticed.
How to remove or change a restrictive covenant
There are four common routes. Each suits a different situation.
| Route | How it works | Things to know |
|---|---|---|
| Ask the person with the benefit | They agree to release or vary the covenant by deed | HM Land Registry says all those with an interest in the benefiting land must be party to the deed |
| Apply to the Upper Tribunal (Lands Chamber) | An application under section 84 of the Law of Property Act 1925 | Legal advice is recommended; the process involves notice to people who may object |
| Indemnity insurance | A policy covering the risk that a past breach is enforced | Does not remove the covenant; availability depends on the facts |
| Do nothing and keep within it | Comply with the wording | Often the simplest answer if the covenant does not stop your plans |
Asking the beneficiary
If you can identify who benefits from the covenant, you can ask them to agree to a change. An agreement can be recorded in a deed of variation or release. HM Land Registry's customer help says that anyone with an interest in the benefiting land must be a party. Forms AN1 or UN1 are used to record a variation, and CN1 to record that a covenant has ended. Expect to need a solicitor.
The Upper Tribunal under section 84
Section 84 of the Law of Property Act 1925 lets the Upper Tribunal (Lands Chamber) discharge or modify a restrictive covenant on certain grounds. The legislation sets out four main grounds:
- the restriction is obsolete because of changes in the property, the neighbourhood or other material circumstances;
- the restriction impedes a reasonable use of the land and either gives no practical benefit of substantial value or is contrary to the public interest, and money would be adequate compensation;
- the people who benefit have agreed, expressly or by implication; or
- the change will not injure the people who benefit.
The Tribunal can order the applicant to pay compensation. GOV.UK's guide calls the law complex, advises legal advice, and explains that people who benefit from the covenant can object. It also says the Tribunal cannot discharge or modify positive covenants or easements such as rights of way. Costs are set out in the guide; successful objectors are generally awarded their reasonable costs.
Restrictive covenant indemnity insurance
Where a covenant has already been breached, for example by an old extension, a policy can be taken out to cover the risk that someone later enforces it. The GOV.UK Land Compensation Manual notes that a single-premium policy can be arranged to indemnify a purchaser in this kind of situation. Insurers set their own conditions, and a policy covers a risk rather than removing the covenant. It is a conveyancing step, so your solicitor arranges it and explains the terms.
If you are buying a property with a covenant
Ask your solicitor to read every covenant and compare it with what you intend to do, including future extensions. Ask whether any past work looks like a breach, and whether insurance has already been taken out. Our free Risk Report covers the checks that public data can answer, but the wording of a covenant is a legal question, so it stays with your solicitor.
Selling a property with a restrictive covenant
If you are selling, the covenant is already on the register, so your buyer's solicitor will see it. Hiding it is not an option and would only cause trouble later.
- Tell your solicitor about any covenant you know of, and about any work you have done that might breach one.
- Answer the Property Information Form (TA6) and any follow-up enquiries honestly. Wrong answers can cause problems after completion.
- If an old breach exists, ask your solicitor whether indemnity insurance or a release is sensible before you go to market.
- Gather paperwork for any consents you or a previous owner obtained, such as a letter from the developer or neighbour.
A covenant can make some buyers cautious and others will not mind, so we cannot say what it does to the price or how long a sale takes. Take advice from a conveyancing solicitor, who can tell you how it applies to your title.