How to find a covenant on a property in the UK

Summary

Before you make changes to a property, it’s worth checking if there are any restrictive covenants in place. These legal rules can limit what you can do, from building an extension to running a business from home. In this guide, we’ll walk you through how to find out if a property has restrictive covenants (for free), where to check, and what happens if you accidentally breach one. A restrictive covenant is a legal rule attached to a property that limits what the owner can do with the land or buildings. These restrictions are usually put in place by developers, local authorities, or previous landowners to maintain the character of an area or protect neighbouring properties. Restrictive covenants stay with the property, meaning they still apply even if ownership changes. If you’re buying, selling, or planning renovations, it’s important to check for any restrictions first - breaking a covenant could lead to legal action or financial penalties. 👉 You can learn more in our complete guide to what are restrictive covenants. * Building restrictions: Prohibiting certain extensions or new developments. * Usage limitations: Preventing the property from being used for commercial purposes. *.

Key information

• Building restrictions: Prohibiting certain extensions or new developments.
• Usage limitations: Preventing the property from being used for commercial purposes.
• Aesthetic controls: Requiring specific design standards, such as maintaining a particular external appearance.
• Land use restrictions: Preventing subdivision or further development of land.
• Access and parking limitations: Restricting how driveways and shared access points are used.
• Legal action: The benefiting party can apply for an injunction, requiring you to stop the breach or undo any unauthorised changes. For example, if you built an extension that violates a covenant, a court could order you to demolish it.
• Financial penalties: If the breach has caused financial loss to another party - such as reducing a neighbour’s property value - you may be ordered to pay compensation. Courts may also require you to cover legal costs if the case goes to court.
• Impact on selling or remortgaging: A recorded covenant breach can make it harder to sell or remortgage the property. Buyers and mortgage lenders often require proof that the issue has been resolved before proceeding.
• Mutual agreement: If the covenant benefits a specific individual or organisation, they may agree to remove or modify it.
• Upper Tribunal (Lands Chamber) application: Homeowners can apply to have a covenant removed if it is obsolete, unreasonable, or prevents reasonable use of the property.
• Lack of enforcement: If a covenant has not been enforced for many years, it may no longer be valid.
• Indemnity insurance: If removal isn’t possible, indemnity insurance can provide financial protection against future enforcement actions.

Practical guidance

• Source: How to find a covenant on a property in the UK

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