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Legal checks · 9 minute read

Property covenants: small wording, lasting consequences.

A covenant can restrict building, business use, parking or alterations—or require contributions and maintenance. Planning permission does not necessarily remove it.

Key points

What to know before you act

  • Obtain the full title documents and every referenced deed, not only a free summary.
  • Planning permission does not cancel a private covenant.
  • Indemnity insurance covers defined loss; it is not permission to carry out the work.

On this page

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The short answer

A covenant is a promise connected with land. A restrictive covenant says something must not be done; a positive covenant requires action or payment. Its presence does not automatically make a property unsuitable, but your conveyancer must establish the wording, affected land, who may benefit, enforceability, past breaches and impact on your plans and mortgage.

Common examples

  • not building an extension or additional dwelling without consent
  • using the property only as a private home
  • not parking commercial vehicles, caravans or boats
  • not causing nuisance or carrying on certain businesses
  • maintaining a boundary, private road or shared facility
  • contributing to estate landscaping, drainage or access costs

Where to find them

For registered land in England and Wales, the title register may set out a covenant or refer to a filed transfer or conveyance containing the full wording. A free Land Registry summary can indicate that restrictive covenants exist, but you need the register and referenced deed for details. Scotland and Northern Ireland have different registers and terminology.

Why old wording can still matter

Age alone does not prove a covenant is unenforceable. The legal questions include whether the burden and benefit pass with the relevant land, whether the beneficiary can be identified, whether the covenant was properly protected and whether the proposed use is genuinely prohibited. These are property-specific legal questions.

If your plans may breach a covenant

  1. Do not start work or approach a possible beneficiary before taking advice.
  2. Give your conveyancer the exact proposed use or drawings.
  3. Check planning, building regulations and covenant consent separately.
  4. Explore written consent, a deed of release or variation where appropriate.
  5. Ask whether an application to the Upper Tribunal to discharge or modify a restrictive covenant is realistic.

Planning approval is public-law permission; it does not by itself cancel a private covenant.

Indemnity insurance is not permission

A policy may cover defined financial loss if a covenant is enforced, subject to exclusions. It does not rewrite the title, guarantee that work is lawful or necessarily pay to complete your preferred project. Contacting a beneficiary or revealing a breach can make cover unavailable. Only act after your conveyancer explains the policy, insured parties, limit, duration and disclosure conditions.

Buyer checklist

  • Obtain the register, plan and every referenced deed.
  • Ask for each covenant in plain English.
  • Compare it with your intended occupation and alterations.
  • Check evidence of consents for existing work.
  • Establish maintenance liabilities and estate charges.
  • Tell the lender and insurer anything material through your conveyancer.

Sources and limitations

Start with HM Land Registry’s property information service, which explains where restrictive covenants appear. Covenant enforceability and remedies are legally complex; this guide is general information, not legal advice.

Reviewed by the Properties & Homes editorial team
Published and last reviewed: 14 August 2026.
Change log: first edition.