If you’re buying, selling, or making changes to a property, you may need covenant consent - permission to ensure your plans comply with legal restrictions. Ignoring this could lead to legal and financial problems, so it’s important to understand how it works before making any alterations.
What is a covenant on a property?
A property covenant is a legally binding rule written into the title deeds or lease agreement. These rules are usually put in place by developers, local authorities, or previous landowners to maintain the look and use of an area. There are two types of covenants:
Restrictive covenants: These limit what a homeowner can do with their property, such as prohibiting extensions or business use.
Positive covenants: These require homeowners to take specific actions, such as maintaining a shared access road or contributing to communal upkeep.
👉 You can learn more in our full guide to what are restrictive covenants.
What is covenant consent?
Covenant consent is formal approval from the party that benefits from a restrictive covenant, allowing you to make changes to your property without breaching its legal restrictions. Many properties have covenants that limit alterations, land use, or development, meaning homeowners may need consent before building an extension, changing property use, or adding outbuildings. Without this approval, any work carried out could be legally challenged, potentially leading to costly reversals or legal disputes.
When do you typically need consent?
You may need covenant consent in the following situations:
Property alterations: If the covenant restricts extensions, loft conversions, or other structural changes, you will need permission before proceeding.
Change of use: If the covenant restricts how the property is used (e.g. from residential to business), you will require consent.
Subdivision or redevelopment: Some properties have covenants preventing them from being divided into multiple units.
Adding outbuildings: If there are restrictions on adding sheds, garages, or garden structures, you may need approval.
Is planning permission the same as covenant consent?
No, planning permission and covenant consent are separate requirements.
Planning permission is granted by the local authority and relates to compliance with building regulations and development policies.
Covenant consent is a private legal agreement and must be obtained from the person or organisation that benefits from the covenant.
💡 Editor's insight: "Even if you get planning permission, you may still need covenant consent before starting work. Always check both requirements to avoid legal issues later."
How to find out if you need covenant consent
Before making changes to your property, it’s important to check whether covenant consent is required. Here’s how you can find out:
1. Check your title deeds
Your title deeds will outline any restrictive covenants affecting your property. If you don’t have a copy, you can request one from the Land Registry for a small fee.
2. Look for restrictive covenants
Check the documents for any restrictions on alterations, land use, or building work. Common covenants include limits on extensions, business use, or subdividing the property.
3. Identify who benefits from the covenant
Find out who has the authority to enforce the covenant - this could be a developer, an estate management company, a local authority, or a neighbouring landowner.
4. Seek legal advice if you’re unsure
If the wording is unclear or outdated, a property solicitor can review your deeds and confirm whether consent is needed for your planned changes.
👉 You can learn more in our full guide to how to find a covenant on a property.
How do you obtain covenant consent?
If your property has a restrictive covenant, you’ll need formal approval before making certain changes. Here’s how to get covenant consent:
Step-by-step process
Check your title deeds - Review your property’s legal documents to see if any covenants apply.
Find out who benefits from the covenant - This could be the original developer, an estate management company, or a neighbouring landowner.
Submit a request - Write to the benefiting party explaining what work you want to do and why you need their approval.
Provide supporting documents - Include plans, drawings, or other details to help them understand your proposal.
Be prepared to negotiate - They may ask for modifications or set conditions before granting consent.
Get written confirmation - Always obtain formal, written approval before starting any work to avoid legal issues later.
💡 Tip: Navigating restrictive covenants can be tricky. A restrictive covenant solicitor can review your deeds, contact the benefiting party, and ensure your consent request is legally sound - saving you time and reducing the risk of disputes.
What happens if you don’t get covenant consent?
If you fail to obtain covenant consent before making changes to your property, you may face several consequences:
Legal action: The benefiting party can take legal steps to enforce the covenant and stop the work.
Reinstatement orders: You may be required to undo any unauthorised changes at your own expense.
Financial penalties: Some benefiting parties may seek compensation for the breach.
Problems selling the property: A breach of covenant can cause difficulties when selling, as prospective buyers and mortgage lenders may be unwilling to proceed.
What if the work has already taken place?
If work has already been completed without covenant consent, there are still options available:
Seek retrospective consent: Some benefiting parties may allow you to apply for consent after the work has been done, often for a fee.
Negotiate a release: In some cases, you may be able to agree on a formal release from the covenant.
Indemnity insurance: If the benefiting party is unknown or has not enforced the covenant, indemnity insurance can provide financial protection against potential future claims.
Legal challenge: If the covenant is outdated or unreasonable, you may be able to apply to the Upper Tribunal (Lands Chamber) for its removal.
How much does covenant consent cost?
The cost of obtaining covenant consent varies depending on factors such as:
The benefiting party’s charges: Some developers or estate management companies charge administration fees for processing applications.
Legal fees: A property solicitor may be required to review the covenant and assist with negotiations.
Compensation payments: In some cases, the benefiting party may request a financial contribution
in exchange for granting consent.
Indemnity insurance: If seeking insurance instead of consent, costs can range from a few hundred to several thousand pounds, depending on the risk level.
FAQ
Do all properties have covenants?
No, not every property has a restrictive covenant. You can check your title deeds or Land Registry records to see if any apply.
Can covenant consent be refused?
Yes, the benefiting party can refuse consent if your plans breach the covenant’s terms. If they say no, you may need to negotiate or explore legal options.
How long does it take to get covenant consent?
It varies - some requests are approved in a few weeks, while others can take months, depending on how complex the request is and how quickly the benefiting party responds.
Can covenant consent be challenged?
Yes, if consent is refused unreasonably, you may be able to challenge the decision legally or apply to modify or remove the covenant. A solicitor can help you explore your options.
Final thoughts
Covenant consent is a crucial legal step when making changes to a property. Whether you're renovating, changing how your property is used, or dealing with past unauthorised work, getting the right approvals can help you avoid legal issues down the line.
If you're unsure whether covenant consent applies to your property, it’s always best to seek legal advice. A solicitor can review your deeds, handle the consent process, and protect your property rights - giving you peace of mind before you move forward.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified professional.
