Surveys & legal

Restrictive covenants explained

A restrictive covenant can quietly limit what you do with a home, from extensions to keeping pets. Here's how to spot and handle them before you buy.

Last reviewed 1 June 2026

In short

A restrictive covenant is a legally binding condition in a property's title that limits how the land or building can be used. Common examples include bans on building extensions without consent, running a business from home, keeping certain animals, or using particular materials. Covenants 'run with the land', so they bind future owners, not just the person who agreed them, and breaching one can lead to legal action, an injunction or having to undo work. When buying, your conveyancer checks the title for covenants and flags any that affect your plans. If a covenant is a problem you may be able to get consent from the beneficiary, take out indemnity insurance, negotiate its release, or apply to the Upper Tribunal (Lands Chamber) to modify or discharge it.

What a restrictive covenant is

A restrictive covenant is a promise written into the deeds that restricts what an owner can do with the property. It's often imposed by a previous owner, developer or original landowner to protect the character or value of neighbouring land.

Crucially, restrictive covenants bind the land, not just the individual who agreed to them. That means when you buy, you inherit any covenants on the title, even ones created decades ago, and you can be held to them by whoever benefits from them.

Common examples

No building, extending or altering the property without consent.
No running a business or trade from the home.
Restrictions on keeping livestock or certain pets.
Rules on external appearance, materials, fences or boundary walls.
Limits on parking caravans, boats or commercial vehicles.
An obligation to contribute to the upkeep of a shared road or drive.

Ways to deal with a problem covenant

Option	When it suits	Watch out for
Get consent	Beneficiary is known and willing	May charge a fee or refuse
Indemnity insurance	Beneficiary unknown / breach is old	Voids if you contact the beneficiary
Negotiate a release	Beneficiary identifiable	Can be expensive
Upper Tribunal application	Covenant is obsolete or unreasonable	Slow and costly, no guarantee

Handling covenants when buying

Review the title
Your conveyancer obtains the title register and identifies any restrictive covenants.
Match them to your plans
Check whether any covenant blocks what you intend: an extension, home office or pets.
Assess the risk
Find out who benefits, whether it's enforceable, and whether it's been breached before.
Choose a remedy
Seek consent, arrange indemnity insurance, negotiate a release, or apply to vary it.
Confirm before exchange
Make sure any insurance or consent is in place before you commit to the purchase.

Don't ignore a covenant just because it seems old

Some covenants are unenforceable, but you can't assume that. Breaching one can lead to an injunction forcing you to undo work, or a claim for damages. Always get legal advice rather than guessing.

Indemnity insurance is often the quickest fix

If a covenant has been breached for years with no complaint, or the beneficiary can't be traced, a one-off indemnity insurance policy can protect you against future enforcement, but never contact the beneficiary first, as that usually voids the cover.

Common questions

What is a restrictive covenant on a property?

It's a legally binding condition in the title that limits how the property or land can be used, for example banning extensions, businesses or certain pets. It binds current and future owners, not just whoever first agreed it.

Are restrictive covenants enforceable?

Many are, especially newer ones with an identifiable beneficiary. Older covenants can be harder to enforce, but you shouldn't assume any covenant is unenforceable without legal advice, breaching one can lead to an injunction or damages.

How do I find out if my property has covenants?

They're recorded in the title register held by HM Land Registry. Your conveyancer reviews this when you buy, or you can order the title documents yourself for a small fee.

Can I remove a restrictive covenant?

Sometimes. You can seek consent or a release from the beneficiary, or apply to the Upper Tribunal (Lands Chamber) to modify or discharge a covenant that's obsolete or unreasonable. Both can be slow and costly with no guaranteed outcome.

What happens if I breach a restrictive covenant?

The beneficiary can take legal action, which may result in an injunction requiring you to undo the breach or a claim for damages. Lenders and future buyers may also be put off, affecting resale.

What is indemnity insurance for covenants?

It's a one-off policy that covers the cost of enforcement action if someone tries to enforce a breached covenant. It's common where a breach is historic or the beneficiary is untraceable, but contacting the beneficiary usually voids it.

Do covenants affect my mortgage?

They can. Lenders want to know any covenant doesn't undermine the property's value or saleability. A serious or breached covenant without insurance or consent may delay or complicate the mortgage.

Can I extend my house if there's a covenant?

Only if the covenant allows it or you obtain the necessary consent. A covenant requiring approval for alterations means you must seek that consent first, planning permission alone doesn't override it.

Sources

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