Restrictive covenants are legal rules that set limits on how a property can be used. They’re often put in place to protect the character of an area, safeguard neighbouring properties, or control land use. But what if a covenant is outdated or no longer relevant? In some cases, homeowners and developers can apply to remove or modify them - but it’s not always straightforward.
What are restrictive covenants?
A restrictive covenant is a legally binding rule that limits what a property owner can do with their land or buildings. These conditions are typically set by developers, previous landowners, or local authorities to protect the character of an area, maintain property values, or prevent certain types of use or modifications.
Restrictive covenants are recorded in the property’s title deeds and remain in place even when ownership changes. This means that current and future homeowners must comply with them unless they are legally removed or modified.
Most common examples
Building restrictions: Stopping certain types of extensions or new developments.
Usage limitations: Preventing the property from being used for business purposes.
Aesthetic controls: Requiring homeowners to maintain the property’s exterior in a set way.
Land use conditions: Restricting subdivision or additional developments on the land.
Parking or access rules: Limiting who can park or use shared roads and spaces.
👉 You can learn more in our complete guide to what are restrictive covenants.
Can restrictive covenants be removed?
Yes, restrictive covenants can be removed, but the process depends on who benefits from the covenant, its original purpose, and whether it is still relevant. If the restriction is considered outdated, unreasonable, or unenforceable, removal may be easier. In some cases, covenants may no longer serve their intended purpose, such as preventing developments that are now common in the area.
Can they be modified or changed?
Yes, restrictive covenants can also sometimes be modified instead of fully removed. If a homeowner or developer wants to allow certain changes while keeping other restrictions in place, they may:
Negotiate with the benefiting party to agree on an amendment.
Apply to the Lands Tribunal for a modification if the covenant is too restrictive or outdated.
Seek legal approval if the change is necessary for development or property use.
💡 Key takeaway: Removing or modifying a restrictive covenant is possible, but it often requires legal processes or negotiation. If you're affected by a restrictive covenant, seeking expert legal advice can help you understand your options.
What does the law say?
Under the Law of Property Act 1925, you can apply to have a restrictive covenant modified or removed, but you’ll need to prove one or more of the following:
The covenant is outdated - Changes in the area mean the restriction is no longer needed.
It prevents reasonable use of the property - The restriction makes it difficult or impractical to use the property as intended.
No one would be affected by the change - There are no beneficiaries who would suffer if the covenant were removed.
It provides no real benefit - The covenant doesn’t offer any practical value to the people it was designed to protect.
The beneficiary has agreed to remove it - Either explicitly in writing or through actions that imply consent.
It wouldn’t harm nearby residents - Removing the restriction wouldn’t negatively impact the local community.
The covenant was only meant to last for a set period - If that time has passed, it can be removed.
The surrounding area has changed significantly - The restriction may no longer make sense due to new developments.
The covenant is poorly written or unclear - If it’s vague or ineffective, it may not be enforceable.
It was never properly registered - Some covenants fail to legally transfer to new owners due to registration issues.
It was meant for a specific person, not the land - Some covenants are personal agreements that don’t apply to future owners.
It conflicts with modern laws or public policy - If a covenant violates equality laws or other legal protections, it may be removed.
Step-by-step: How to remove restrictive covenants
If a restrictive covenant is limiting how you use your property, you may be able to remove or modify it through legal processes. Here’s a breakdown of the steps involved:
1. Review the Title Deeds
Check your property’s title documents to see exactly what the covenant restricts and whether there are any conditions for removal. You can get a copy from the Land Registry if you don’t have one.
2. Identify the benefiting party
Restrictive covenants usually benefit a specific person, organisation, or authority, such as a neighbour, property developer, or local council. If the benefiting party no longer exists, the covenant may be unenforceable.
3. Negotiate with the benefiting party
If the covenant is outdated or unnecessary, you can try to reach an agreement with the benefiting party to remove or modify it. They may agree to a financial settlement in exchange for releasing the restriction.
4. Apply to the Upper Tribunal (Lands Chamber)
If an agreement cannot be reached, you can apply to the Upper Tribunal (Lands Chamber) to request modification or removal. You’ll need to provide evidence that the covenant is obsolete, unreasonable, or no longer serves its original purpose.
5. Seek legal advice
A restrictive covenant solicitor can assess whether the covenant is legally enforceable and advise on the best course of action. If the covenant is still enforceable, they can help with negotiation or a Tribunal application.
6. Check if the covenant is unenforceable
If the covenant has not been enforced for many years, or if there is no clear benefiting party, it may no longer be legally valid. Your solicitor can review case law and property records to determine whether it can be ignored without risk.
7. Obtain indemnity insurance
If removing the covenant isn’t possible, you can get indemnity insurance to protect against future enforcement claims. This is often useful when selling a property with a restrictive covenant, as it reassures buyers and mortgage lenders.
💡 Key takeaway: Removing a restrictive covenant isn’t always straightforward, but there are legal options available. If you’re unsure about the process, seeking expert legal advice can help you navigate your options and avoid costly mistakes.
How much does it cost to remove a restrictive covenant?
The cost of removing a restrictive covenant varies depending on the method used:
Legal fees: Hiring a solicitor to review the covenant and provide legal advice can cost anywhere from £500 to £2,000. With Lawhive, you'll get a fixed-fee quote with no obligations and no surprises (and we're often up to 50% cheaper than a high-street solicitor).
Negotiation costs: If an agreement is required with the benefiting party, they may request compensation.
Upper Tribunal application: Applying to the tribunal for covenant removal can cost between £3,000 and £10,000, including legal representation.
Indemnity insurance: If legal removal is not an option, indemnity insurance costs range from £200 to £1,000, depending on the level of coverage required.
FAQ
Can I remove a restrictive covenant myself?
You can try negotiating with the benefiting party, but removing a covenant usually requires legal support to ensure everything is properly documented and legally valid. A property solicitor can help you navigate the process and avoid potential disputes.
How long does it take to remove a restrictive covenant?
It depends on the situation - if the benefiting party agrees, it could be sorted out in a few months. But if legal challenges or tribunal applications are involved, it might take over a year to resolve.
Are all restrictive covenants enforceable?
No, not all restrictive covenants can be enforced. If they’re outdated, unclear, or if there’s no clear benefiting party, they may not hold legal weight - but it’s best to get legal advice before assuming they don’t apply.
What happens if I ignore a restrictive covenant?
Ignoring a covenant can have serious consequences, including legal action, fines, or even a court order forcing you to undo any unauthorised changes. It’s always best to check if the covenant is enforceable before taking any risks.
Final thoughts
Restrictive covenants can impact property use and development, but in many cases, they can be removed or modified through negotiation or legal processes. If you are considering removing a restrictive covenant, seeking professional legal advice is essential to ensure you follow the correct procedures and minimise potential risks.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified professional.
