You’ve completed your purchase, moved in and you’re ready to start making your new home your own. But are you allowed? Some property transfers and leases include a list of things you cannot do to the property you now own. Developers, landlords and residents management companies are often keen to enforce restrictive covenants to preserve the appearance, uniformity and value of their housing projects.
If your deeds contain a restrictive covenant, read on for a complete guide to understanding what they are, why they exist, what happens if you breach one, and how you can resolve issues.
What is a restrictive covenant?
A restrictive covenant is a legally binding condition written into the title deeds of a property. It limits what you, as the property owner or leaseholder, can do with your home or land. These covenants can apply to both freehold and leasehold properties.
In the UK, restrictive covenants are governed primarily by common law and the Law of Property Act 1925. They “run with the land”, meaning the restriction is tied to the property itself, so a future owner may still be bound even if they never personally agreed to it. This is different from many contractual promises, which usually bind only the person who signed.
Typical restrictions include prohibitions on:
- Building extensions, conservatories or outbuildings without consent
- Converting a house into separate flats
- Running a business from the property
- Altering the exterior (brickwork, cladding, roof materials, windows, paint colour)
- Erecting satellite dishes on certain elevations
- Parking certain types of vehicles (such as caravans, commercial vehicles or boats) on a drive
- Keeping pets or livestock (more common in leasehold)
Positive vs negative restrictive covenants
Not all covenants are the same. They generally fall into two categories:
- Positive covenants require the property owner to do something (for example, maintain a boundary fence or contribute to shared maintenance costs). As a general rule of thumb, positive covenants do not automatically bind future freehold owners – additional legal mechanisms are needed to pass the obligation on.
- Negative (restrictive) covenants prevent the property owner from doing something (for example, building above a certain height, operating a business, or altering the façade). These are the ones that most often run with the land and are enforceable against successive owners.
Understanding this distinction is important because remedies and enforceability differ between the two.
Why are restrictive covenants used?
Developers, landlords and landowners normally use restrictive covenants to maintain internal and external appearances, protect property value, avoid nuisance, and support planning aims and estate management rules. Common reasons for using restrictive covenants include:
- Preserve the character and appearance of a development
- Prevent activities that could cause nuisance or devalue neighbouring properties
- Ensure compliance with planning permissions and regulations
For example, a covenant may prohibit the installation of satellite dishes on the front of houses or require front gardens to be maintained to a certain standard.
How does a restrictive covenant affect me?
A restrictive covenant can either benefit or burden property owners:
- Benefiting party: Usually a neighbouring property owner, the remaining estate, the landlord, or original developer who enjoys the advantage of the restriction (e.g. preserving a view).
- Burdened party: The property owner whose use of the land or property is restricted in the way it can be used.
Who benefits and who is bound?
Under Section 78 of the Law of Property Act 1925, the benefit of a covenant is generally treated as passing to successors in title unless expressly excluded. Case law also looks at whether the covenant was intended to benefit identifiable land and whether the wording provides a real, practical benefit.
For negative covenants, the burden usually passes with the land to later owners (that’s why buyers inherit these obligations). For positive covenants, the burden does not normally run with freehold land, so other devices (like chains of indemnity covenants or rentcharges) may be used on estates to keep obligations moving through future sales.
Transfer of the burden
When you buy, you typically take subject to any restrictive covenants noted on the title. The burden “transfers” because it attaches to the land itself; it isn’t a fresh promise made by you. That’s why due diligence during conveyancing is essential.
What is a breach of restrictive covenant?
A breach of restrictive covenant occurs when you act in a way that the covenant prohibits, whether intentionally or not. Consequences can include:
- Injunctions (a court order to stop the breach)
- Mandatory orders to undo the work (for example, remove an extension, outbuilding or satellite dish, or reinstate carpets where laminate is banned in a flat)
- Damages or compensation, sometimes assessed on a negotiating basis (often referred to in practice as Wrotham Park‑style damages)
- Costs and delays to sales or remortgages if the issue surfaces later
Examples of breaches to restrictive covenants
Here are common examples where a breach might occur:
- Building a rear extension or loft dormer without consent where a covenant restricts additions
- Converting a single dwelling into flats contrary to a covenant
- Running a commercial enterprise (beauty salon, vehicle repairs, food business) from home where business use is restricted
- Installing satellite dishes, solar panels or external heat pumps on a prohibited elevation
- Parking caravans, motorhomes or commercial vans on a driveway where banned
- Laying hardstanding across a front garden where only a portion is permitted
- Installing hard flooring in an upper‑floor flat against a noise/impact covenant
- Erecting high fences, gates or signage beyond permitted limits
- Keeping livestock or certain pets where expressly prohibited
What to do if you breach a restrictive covenant
Breaches can happen, often because the property owner wasn’t aware of the restriction. If you discover you’ve breached one, here’s a simple, step-by-step guide to resolution:
How to resolve a breach of restrictive covenant
1. Identify the covenant
Locate the restriction in your title documents (official copies from HM Land Registry) or lease. Confirm exactly what is prohibited, where it applies on the plot, and whether consent is a route to compliance.
2. Speak to the benefitting party
Open a dialogue with the landowner, management company, developer or neighbour who benefits. Many issues resolve through written consent or a retrospective licence. Be courteous and factual; provide drawings/photos and any mitigation measures.
3. Apply for removal or modification
If the covenant is obsolete, impedes reasonable use, or the beneficiaries won’t suffer practical detriment, you can apply under Law of Property Act 1925, Section 84 to the Upper Tribunal (Lands Chamber) to discharge or modify it. This is a formal, evidence‑based process and may take time.
4. Obtain restrictive covenant indemnity insurance
If enforcement hasn’t been threatened or contact made (often for at least 12 months), insurers may offer cover. Policies typically protect against the costs of defending a claim, adverse costs, and any settlement or damages. They are commonly transferable to buyers and can facilitate a sale.
5. Seek solicitor recourse if needed
If you relied on professional advice and a covenant was missed, speak to your conveyancer. In some cases, you may explore professional negligence routes. A specialist property solicitor can also advise on enforceability, negotiation, and tribunal strategy.
Breach of restrictive covenant time limit: There is no single universal time limit. Timing depends on the remedy sought. Claims for damages are subject to statutory limitation periods (commonly discussed in practice as up to six years for damages claims), while applications for injunctions are equitable – delay and acquiescence can affect the outcome even without a fixed statutory cut‑off. Insurers, separately, often look for 12 months without challenge before offering cover.
Before you buy
Prospective buyers should always carry out due diligence at the pre-contract stage:
- Ask your conveyancing solicitor to review the title deeds thoroughly for restrictive covenants and explain the impact on your plans (extensions, home office, EV charging, solar etc.).
- Check the estate or block regulations, lease covenants (for flats), and any management company rules to understand the implications for your intended use of the property.
- Consider whether a covenant could affect mortgageability or future value. Be aware that some lenders may refuse a mortgage if a covenant could limit the property’s future development or if there’s a historic breach without insurance.
- If you’re set on changes post‑completion, budget for consents, possible planning permission, and, where relevant, indemnity insurance or a deed of variation.
A little extra homework before you buy can prevent expensive remedial work or legal disputes later.
Insurance options for restrictive covenants
Restrictive covenant indemnity insurance can provide protection against enforcement, and is often a viable solution when selling a property with a past breach.
Here are the key points:
- When it’s viable: Typically where a breach exists or a past breach is suspected, no approach has been made to the beneficiary, and there has been no challenge for at least 12 months (insurer criteria vary).
- What it covers: Legal defence costs, claimant’s costs if ordered, and damages/settlements arising from enforcement. It does not usually cover the cost of obtaining consent or carrying out planned works.
- Typical premiums: As a broad guide, anything from ~£50 to several hundred pounds, scaling with property value, the nature/age of the breach, and transaction context (sale vs remortgage).
- Transferability: Policies can often be transferred to future owners in title or automatically continue, which can smooth a sale.
Your solicitor or broker can sound out the market quickly and advise on wording the policy to match the risk.
Frequently asked questions about breaches of restrictive covenants
How do I find out about any restrictive covenants on a property?
Check the title register and title plan via HM Land Registry or ask your conveyancer. For leasehold, review the lease covenants as well as any house rules or estate regulations.
Who enforces breach of covenant?
The benefitting party (often a neighbouring landowner, the developer/estate owner, or a landlord/management company) can seek to enforce. They must usually show their land genuinely benefits from the covenant.
How long does a covenant last?
There is no automatic expiry. Many restrictive covenants last indefinitely until discharged, varied by deed, or modified by the Upper Tribunal. Over time, some become obsolete and can be challenged.
Do restrictive covenants only apply to new builds?
No. Older properties frequently carry covenants dating back decades. Age alone doesn’t cancel them.
Are covenants enforceable after 20 years?
There is no hard 20‑year cut‑off. Very old covenants may still be enforceable if the beneficiary and their land can be identified and a practical benefit remains. That said, age, change in the neighbourhood, and delay or acquiescence may affect remedies.
What happens if I breach a restrictive covenant?
You could face an injunction or be required to reverse the works. In some cases, damages (including negotiating damages) may be awarded instead of an injunction.
Are restrictive covenants always enforceable?
No. A covenant may fail if it’s too vague, if benefitting land can’t be identified, if there’s been widespread waiver, or if enforcement would provide no real practical benefit. Legal advice is essential.
Can a neighbour enforce a restrictive covenant?
Potentially, yes, if their land benefits from the covenant. Not every neighbour will qualify.
Can I challenge a restrictive covenant?
Yes. Options include negotiating consent, seeking a deed of release/variation, or applying to the Upper Tribunal under section 84 LPA 1925 to modify/discharge it.
Can I remove restrictive covenants?
Sometimes. Removal is usually by agreement with the beneficiary (documented in a deed) or by tribunal order. This can be technical and evidence‑heavy; specialist advice helps.
How do restrictive covenants affect homeowners?
They can limit alterations, business use and parking. Equally, they protect the overall look and amenity of the neighbourhood, which can support property values.
Would restrictive covenants affect me if I plan to sell my property?
Yes. Historic or ongoing breaches often surface during buyer due diligence. Be ready to evidence consent, rectify, or arrange indemnity insurance to keep the sale on track.
In summary
Restrictive covenants are part and parcel of owning many UK homes. Understanding them—before you buy and before you build—will save time, stress and money. If you’re unsure, speak to a qualified property solicitor or contact us for practical guidance on managing covenants within your development or building.
