Answers · UK 2025/26
What is a restrictive covenant on a property in the UK?
A restrictive covenant is a legally binding rule in a property's title deeds that limits what you can do with the land - for example banning extensions, business use, keeping livestock, or building without consent. It binds successive owners, so it can still apply decades after it was created. Breaching one can lead to enforcement action, so check before you buy or build.
Full answer
A restrictive covenant is an obligation registered against a property's title that restricts how the land or building can be used. It is created when land is sold or developed, often by the original landowner or developer wanting to protect a neighbouring plot, the character of an estate, or a wider scheme. Common examples include prohibitions on running a business from home, building extensions or new structures without consent, subdividing the plot, keeping caravans or animals, or using particular external materials. Who it affects: any owner of the burdened land, not just the person who originally agreed to it. Restrictive covenants 'run with the land', so they bind future buyers indefinitely unless removed or modified. The benefit also passes to whoever owns the land the covenant was meant to protect, and that person can usually enforce it. Why it matters: if you breach a covenant, the party with the benefit can seek an injunction to stop the activity, force you to undo works, or claim damages. This can be costly and can affect your ability to sell or remortgage, because lenders dislike unresolved breaches. Your conveyancer should identify any covenants during the title review before you exchange. What you can do: options include obtaining the consent of the person who benefits, negotiating a release, taking out restrictive covenant indemnity insurance (which protects against enforcement, often used where the beneficiary cannot be traced or the covenant is old), or applying to the Upper Tribunal (Lands Chamber) to discharge or modify a covenant that is obsolete or unreasonably impedes use of the land. Each route has its own cost and uncertainty, so take legal advice. There is no standard fee here - costs depend on the route and the property, so ask your solicitor for an estimate. If a covenant affects a purchase, factor any indemnity or legal cost into your overall buying budget alongside Stamp Duty and your mortgage.
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This answer is informational only and does not constitute financial, tax or legal advice. Figures are for the 2025/26 UK tax year. See our methodology and sources.