Restrictive Covenants Explained | Dom

Restrictive Covenants: What Are They and Do They Matter?

3 min read · Last reviewed 1 June 2026

In brief

→Restrictive covenants are conditions in the title that limit how the property can be used
→They run with the land — every owner is bound, not just the person who made the promise
→Common covenants: no commercial use, no further development, no caravans, maintenance obligations
→Old covenants may be practically unenforceable, but the risk is hard to eliminate completely
→Indemnity insurance is the usual solution for older covenants with uncertain enforceability

Restrictive covenants are binding conditions imposed on the use or development of land. They run with the land — meaning they bind the current owner, the next owner, and every subsequent owner. They don't expire when the property changes hands.

How covenants arise

Most restrictive covenants on residential property were created when the land was first developed. When a developer built a housing estate in 1930, they might have imposed covenants on every plot: no commercial use, no caravans, keep the property in good repair, don't build above two storeys. These covenants were designed to maintain the character of the estate.

Covenants can also arise from individual property transactions — a condition imposed when one part of a garden was sold, for example, to prevent the buyer building something that would overlook the seller's remaining land.

Common covenants and whether they matter

Residential use only: Most of the time, not a practical concern for buyers who intend to live there. Becomes relevant if you want to run a business from home — some home-based businesses breach residential-use covenants.

No development without consent: If you're buying a house with extension plans, this covenant could require you to obtain consent from the covenant beneficiary before building. Who that beneficiary is may or may not be clear.

No caravans or motor homes: Very common on post-war estates. Practically unenforced in most cases, but technically binding.

Keep the property in good repair: A maintenance obligation. These are relatively rare and practically hard to enforce, but they exist.

The enforceability question

For a restrictive covenant to be enforceable, someone must:

Have the legal right to enforce it (the "benefit" of the covenant)
Know you've breached it
Be willing to take action

For covenants from large historical developments, the developer (the original covenant beneficiary) is long gone and the right to enforce may have passed to individual plot owners or fragmented into practical irrelevance. For recent covenants, the beneficiary is more likely to be identifiable and active.

The age of the covenant, the practical context, and whether anyone has ever been bothered to enforce it are all relevant to assessing the real risk.

Indemnity insurance

For most restrictive covenant concerns, your solicitor will recommend taking out indemnity insurance. This protects you (and your lender) financially if someone does pursue enforcement. The premium is typically £100–£500 as a one-off.

Indemnity insurance is not the same as resolving the covenant — it insures against the financial consequences of enforcement. For most buyers, this is sufficient protection, and it's the practical solution your solicitor uses most often.

This Q&A is for general information. Dom does not provide legal advice. Consult your solicitor for advice on any specific covenant affecting your property.

Frequently asked questions

What is the most common restrictive covenant on residential property?

The most common are: restrictions on use (residential use only, no trade or business), restrictions on development (no extensions, no additional buildings without consent), and maintenance obligations (keeping the property in good repair). Estate-wide covenants from when a housing development was built are also common.

How do I know if my property has a restrictive covenant?

Your solicitor will identify covenants from the title register at HM Land Registry. The title register shows the nature of the restrictions; the original deeds (if referred to) contain the full text. Your solicitor will provide a summary in their report on title.

Can a restrictive covenant be enforced after many years?

In theory, yes. There is no limitation period for covenant enforcement in English law. However, practical enforceability depends on: whether the person entitled to enforce the covenant can be identified, whether they have standing, and whether a court would grant an injunction given the passage of time and changed circumstances. In practice, very old covenants on changed circumstances are rarely enforced.

How do I get a restrictive covenant removed?

The Upper Tribunal (Lands Chamber) can discharge or modify a restrictive covenant under Section 84 of the Law of Property Act 1925. Grounds include that the covenant is obsolete, that it impedes reasonable use, or that the discharge won't injure the person entitled to benefit. Applications take time and cost £1,000–£5,000+. For practical purposes, most buyers rely on indemnity insurance rather than formal discharge.

What if I want to do something that might breach a covenant?

Before doing anything, take your solicitor's advice. Options include: obtaining consent from the person with the benefit of the covenant (if they can be identified), applying to the Lands Tribunal for discharge, taking indemnity insurance against enforcement risk, or simply not doing what the covenant prohibits.

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