When buying or selling property in the UK, one term that often arises during the conveyancing process is “restrictive covenant”. These legal obligations can significantly influence what you can and cannot do with your property, making it essential for buyers and sellers to understand their implications.

What Are Restrictive Covenants?

A restrictive covenant is a legally binding condition written into a property’s title deeds or contract. It limits the way land or property can be used and is typically imposed by a previous owner, developer, or adjoining landowner. Unlike positive covenants (which require you to do something), restrictive covenants are negative obligations—they prevent certain actions.

Importantly, these covenants ‘run with the land’, meaning they apply not only to the original purchaser but also to all future owners. Even if the property changes hands multiple times, the covenant remains enforceable provided it meets legal criteria.

Why Are They Imposed?

Restrictive covenants serve various purposes, such as:

  • Preserving neighbourhood character – Developers often use covenants to maintain uniformity in new estates.
  • Protecting land value – Landowners may impose restrictions to prevent undesirable uses that could devalue their retained land.
  • Preventing nuisance or harm – For example, prohibiting commercial activities in residential areas or restricting building heights to protect views.

Common Examples of Restrictive Covenants

  • No building additional dwellings or extensions without consent.
  • Prohibition on running a business from the property.
  • Restrictions on external alterations (e.g. installing satellite dishes, solar panels or fences).
  • Bans on keeping livestock or certain pets.
  • Limits on parking caravans, boats, or commercial vehicles.
  • Prohibitions on converting a house into flats or holiday lets.

Impact on Property Owners

Breaching a restrictive covenant can lead to serious consequences, including:

  • Injunctions – Court orders to stop the prohibited activity.
  • Damages – Financial compensation to the party benefiting from the covenant.
  • Demolition orders – In extreme cases, structures built in breach may have to be removed.

Can Restrictive Covenants Be Removed or Modified?

Yes, but it’s not straightforward. Options include:

  • Negotiation – Seek consent from the person or entity benefiting from the covenant.
  • Insurance – Restrictive covenant indemnity insurance can protect against enforcement risks.
  • Legal application – Under Section 84 of the Law of Property Act 1925, you can apply to the Upper Tribunal (Lands Chamber) to discharge or modify a covenant if it’s obsolete or impedes reasonable land use.

Practical Tips During Conveyancing

  • Early identification – Your solicitor should review and advise you on any restrictive covenants affecting the property you intend to purchase.
  • Assess enforceability – Some covenants may be outdated or unenforceable but never assume this without legal advice.
  • Plan ahead – If you intend to alter or develop the property, confirm whether any covenant restricts your plans before completion.

Restrictive covenants are a critical aspect of property law that can affect your rights as a homeowner. Understanding them during the conveyancing process helps avoid costly disputes and ensures your property plans align with legal obligations.

The content of our site is provided for general information purposes only and does not constitute legal or other professional advice.