If you are buying, selling or making changes to a property, you may need covenant consent before proceeding. Covenant consent is formal permission that ensures your plans comply with legal restrictions affecting the property. Failing to obtain the correct consent can result in legal disputes, financial penalties and difficulties when selling or refinancing, making it essential to understand how covenant consent works before carrying out any alterations.
What is a Covenant on a property?
A property covenant is a legally binding obligation written into the title deeds or lease of a property. Covenants are commonly imposed by developers, local authorities or previous landowners to control how land is used and maintained over time, often to preserve the character or value of an area.
There are two main types of property covenant:
Restrictive Covenants
Restrictive covenants limit what a property owner can do. Common examples include restrictions on:
- Building extensions or carrying out structural alterations
- Using the property for business purposes
- Changing the use of the property
- Adding outbuildings such as garages or garden rooms
These are the most common reason covenant consent is required.
Positive Covenants
Positive covenants require a property owner to take specific actions, such as:
- Maintaining shared access roads
- Contributing to communal maintenance or services
While positive covenants do not usually require consent to act, they still create ongoing legal obligations.
What is Covenant Consent?
Covenant consent is formal approval from the individual or organisation that benefits from a restrictive covenant. This consent allows you to carry out work that would otherwise breach the covenant’s terms.
Many properties are subject to covenants that restrict alterations, development or land use. Without consent, any work carried out may be legally challenged, potentially resulting in enforcement action, reinstatement of the property at your own cost or financial compensation claims.
When do you need Covenant Consent?
You may need covenant consent in a range of common property situations, including:
- Property alterations – such as extensions, loft conversions or structural changes
- Change of use – for example, converting a residential property into business premises
- Subdivision or redevelopment – where covenants restrict dividing land or buildings
- Adding outbuildings – including garages, sheds or garden structures
Checking whether consent is required before work begins can prevent costly delays and disputes later.
Is planning permission the same as Covenant Consent?
No. Planning permission and covenant consent are separate legal requirements.
Planning permission is granted by the local authority and relates to planning policies and building regulations.
Covenant consent is a private legal matter and must be obtained from the party that benefits from the covenant.
Even where planning permission has been granted, covenant consent may still be required. Both must be addressed to ensure works can proceed lawfully.
How to check if Covenant Consent is required
Before carrying out work on a property, it is important to establish whether a restrictive covenant applies.
Review your Title Deeds
Your title deeds will set out any restrictive covenants affecting the property. If you do not have a copy, these can be obtained from the Land Registry for a small fee.
Identify any Restrictive Covenants
Look for wording that restricts alterations, land use or development. Common examples include limitations on extensions, business use or subdivision.
Identify the Benefiting Party
The covenant will usually benefit a specific party, such as a developer, estate management company, local authority or neighbouring landowner.
Seek legal advice
If the wording is unclear or appears outdated, a property solicitor can review the documents and confirm whether consent is required for your proposed works.
How to obtain Covenant Consent
If a restrictive covenant applies, formal consent must be obtained before proceeding.
The Covenant Consent process
- Review the title deeds to confirm the covenant
- Identify who benefits from the covenant
- Submit a written request explaining the proposed works
- Provide plans, drawings or supporting documents
- Be prepared to negotiate conditions or amendments
- Obtain formal written confirmation of consent
Consent should always be documented properly before work begins.
What happens if Covenant Consent is not obtained?
Failing to obtain covenant consent can result in serious consequences, including:
- Legal action to enforce the covenant
- Orders requiring unauthorised work to be removed
- Financial compensation claims
- Difficulties selling the property or securing a mortgage
A breach of covenant can delay or prevent a sale and may concern buyers and lenders.
What if work has already been completed?
If work has already been carried out without covenant consent, options may still be available, including:
- Applying for retrospective consent
- Negotiating a formal release from the covenant
- Taking out indemnity insurance, where appropriate
- Applying to the Upper Tribunal (Lands Chamber) to modify or discharge an outdated or unreasonable covenant
A solicitor can advise on the most appropriate route based on your circumstances.
The importance of Covenant Consent in Property transactions
Covenant consent is a key legal consideration when buying, selling or altering property. Understanding your obligations early can help avoid disputes, delays and unexpected costs.
If you are unsure whether covenant consent applies to your property, seeking legal advice is always recommended. A solicitor can review your title deeds, manage the consent process and protect your interests throughout. Get in touch with a member of our team today.
