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.
What is a restrictive covenant?
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.
Most common examples
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.
💡Insight: According to Pure Property Finance, there are over 41,785 covenants in Greater London alone, 5,286 in Manchester and 2,860 in Merseyside.
How to find out what restrictive covenants are on a property
If you want to check whether a property has restrictive covenants without incurring any costs, there are several steps you can take:
Check the title deeds: If you already own the property, the title deeds may contain details of any restrictive covenants. These documents are typically provided by your solicitor when you purchase the property.
Use the Land Registry website: In England and Wales, you can search for title deeds through the HM Land Registry. While downloading the Title Register costs a small fee (typically £7), you can view basic information online. This will show the restrictive covenants on registered land and property in England and Wales, however, it won’t give additional details about what the rule might actually involve.
Look at the Title Plan: The Title Plan, also available from HM Land Registry, can help you understand the extent of a property’s boundaries, which may be relevant when checking for covenants.
Ask your solicitor: If you are in the process of buying a property, your property solicitor should review the title deeds and highlight any restrictive covenants during the conveyancing process.
Consult local records: Some older properties may have covenants recorded in local archives or council planning documents. Checking with your local authority could possibly reveal additional restrictions.
💡Editor's insight: "Although Land Registry can be the easiest option, just keep in mind the register isn't 100% complete. According to recent data, 14% of the freehold land of England and Wales remains unregistered. The aim is for the register to be fully completed by 2030."
How to check restrictive covenants on Land Registry
You can check if a property has restrictive covenants by searching for it on the Land Registry website and purchasing the title register.
Steps to check for covenants:
Go to the Land Registry website
Search for your property using the address or title number
Click ‘View available documents’
Purchase the title register (a small fee applies)
Look for the section on ‘Restrictions’ - this will list any restrictive covenants
What happens if you break a restrictive covenant?
Breaching a restrictive covenant can lead to serious legal and financial consequences, especially if the party benefiting from the restriction decides to enforce it. The impact will depend on what the covenant restricts, who is affected, and whether the breach has caused any harm. Here’s what could happen:
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.
💡 Key takeaway: Ignoring a restrictive covenant can be risky, so if you think you’ve breached one - or are planning changes that could break the rules - it’s best to seek legal advice early. A restrictive covenant solicitor can assess whether the covenant is still enforceable and help you explore solutions.
Can a restrictive covenant ever be removed?
Yes, restrictive covenants can sometimes be removed, but the process varies depending on the circumstances.
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.
👉 To learn more, head to our in-depth guide on removing a restrictive covenant.
FAQ
Is there a free way to check restrictive covenants on a property?
Some basic property details are available for free, but most title documents that list restrictive covenants require a small fee to download from HM Land Registry. You can check their website to see what’s available.
What if I don’t know who benefits from a restrictive covenant?
A solicitor or legal expert can help trace the benefiting party and check whether the covenant is still legally enforceable. In some cases, the covenant may no longer apply if the benefiting party no longer exists.
Do restrictive covenants expire?
Some restrictive covenants can become unenforceable over time, especially if they haven't been enforced for years. However, they don’t automatically expire, so it’s best to check with a legal expert.
Can I ignore a restrictive covenant?
No - ignoring a restrictive covenant can lead to legal action, including fines or court orders forcing you to reverse any unauthorised changes. If you're unsure whether a covenant still applies, it’s worth getting legal advice before taking any risks.
Final thoughts
Checking for restrictive covenants is an important step when buying or owning a property. You can start with free resources like title deeds and local records, but for full details, you may need to download documents from the Land Registry for a small fee.
If a covenant affects your plans, it’s worth getting legal advice to see if it can be removed, modified, or challenged - so you can move forward with confidence.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified professional.
