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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallCheck two separate records for land in England or Wales: the relevant local planning authority’s planning history and HM Land Registry’s title documents. Planning records show whether permission was granted for a particular development and the conditions attached to it. The title register, title plan and any deeds referred to in them show whether a private restrictive covenant may limit use, building, access or subdivision.
Neither search replaces the other. Planning permission does not cancel a covenant, and a title search does not establish that the proposed work has planning approval. Confirm the exact parcel, read the underlying documents and obtain property-law advice before relying on the result for a purchase or construction commitment.
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The three checks and the question each answers
Run the checks in parallel rather than treating one database as a complete answer. A planning register, a title search and a local land charges search contain different information.
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| Check | Main question | Records to inspect | Important limitation |
|---|---|---|---|
| Planning history | Has the local planning authority granted permission for the relevant development on this land, and on what terms? | Application record, decision notice, approved drawings and any later decisions | A search result alone does not prove that permission is current or covers your proposal. Conditions and subsequent decisions must be read. |
| Title restrictions | Does the registered title disclose a covenant that may constrain use or development? | HM Land Registry property summary, title register, title plan and every referenced deed or transfer | The register may refer to another document for the full wording. The legal effect depends on the specific instrument and facts. |
| Local land charges | Are recorded local charges, including planning conditions and other restrictions, shown against the land? | Local Land Charges search and, where necessary, the authority’s own records | Not every local authority has migrated all data to the national service. Coverage must be checked. |
Scope: England and Wales only
These steps apply to land registered in England or Wales. The UK does not use one land-registration jurisdiction: HM Land Registry’s property information service directs people searching in Scotland or Northern Ireland to different registers. Confirm the jurisdiction before starting, because the records and procedures described here are not a universal UK search.
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Step 1: identify the exact parcel
Every later search depends on matching the records to the land you actually intend to buy or develop. Start with the full postal address where one exists. For a field, development plot or other rural parcel without a conventional address, use the map search, a title number, nearby roads and identifiable boundaries.
Match the search result to the physical land
- Locate the parcel in the Land Registry property information service by address, map or title number.
- Compare the result with the planning application site plan, the agent’s plan and the land on the ground.
- Check whether the proposed site includes adjoining strips, access roads, woodland, a separate field or a parcel under another title.
- Record every title number that appears to cover the proposed works. One project can cross more than one registered title.
HM Land Registry title plans show the registered extent using general boundaries. The red edging is an indication of the registered area, not a measured survey of the physical boundary. If a fence, hedge, ditch or proposed construction line does not match the plan, commission an appropriate boundary survey and ask a conveyancer to investigate rather than assuming the plan or the fence is decisive.
Step 2: search the local planning authority’s records
The local planning authority (LPA) holds the central record for applications and decisions affecting the site. Use the authority’s online planning register or planning-history service. Search by site address, map location, applicant name and any known application reference; different search terms can expose records that an address-only search misses.
Search the whole planning history
Look beyond the application that appears to match your project. Earlier approvals, refusals, appeals, enforcement decisions and applications for a different use can explain restrictions or conditions that affect a later proposal. GOV.UK’s guidance on determining a planning application identifies the site’s planning history as part of the authority’s consideration, so it is relevant evidence even when the earlier project is not identical to yours.
Read the decision notice, not just the register entry
For every apparently relevant grant, download or view the complete decision notice and check:
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- the decision date and application reference;
- the exact description of development;
- the site boundary shown on the approved location and block plans;
- the approved drawings, specifications and other documents listed in the decision;
- all conditions, including any requirement to submit details later or to obtain approval before a particular stage;
- the stated period for starting the development, rather than assuming a standard duration;
- whether the decision is outline permission and whether reserved matters were subsequently approved;
- any non-material amendment, variation, replacement permission, appeal decision or enforcement notice that changes the position.
A planning register may display a short description or a status label, but those fields do not establish what can legally be built. The permission is tied to its site boundary, description and conditions. A nearby approval, a development-plan allocation or a seller’s statement that “the land has permission” is not proof that this parcel has permission for your intended work.
Check implementation requirements
Some permissions require details or approvals before work can proceed. An outline permission, for example, is not the same as permission to build the final scheme until the required reserved matters have been approved. Conditions can also control materials, access, drainage, landscaping, tree protection, phasing or occupation. Make a schedule of each condition and identify which must be discharged before starting, during construction or before a building is occupied.
Do not use the general timing discussion in the 2015 GOV.UK Plain English guide to the planning system as a parcel-specific answer. The actual decision notice and any later decision govern the permission you are examining.
Step 3: run a local land charges search
Use the Local Land Charges service for the parcel as a second planning-related check. Depending on the authority and the land, the register can show charges such as planning conditions, highways agreements, tree preservation orders, conservation-area status, listed-building controls and environmental-health notices.
Allow for incomplete national coverage
HM Land Registry’s Local Land Charges service states that data from every authority is not yet available there. Before relying on a “no entries” result, check whether the relevant authority has added its data. If coverage is unclear, ask the LPA or local land charges team for the appropriate search and compare it with the authority’s planning history.
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This search complements, rather than replaces, the application file. A charge entry may point you to a condition or notice, but you still need the underlying decision, plan or notice to understand the obligation and the land it affects.
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Clear out junk files and repair common Windows errorsFree Scan →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Step 4: inspect the HM Land Registry title
Use HM Land Registry’s property information service to obtain the record for the exact parcel. The service provides a property summary, title register and title plan for registered land.
Start with the property summary
The summary is a pointer, not the complete legal answer. It can identify the basic title information and indicate whether restrictive covenants appear on the title. Treat an indication as a prompt to obtain and read the register, not as proof that a covenant is enforceable or relevant to your proposal.
Read every relevant entry in the title register
The register gives the details recorded against the title. When an entry says that a covenant or other obligation is contained in a transfer, conveyance, deed or schedule, obtain that separate document. The register may summarise the obligation without reproducing its full wording, definitions, exceptions, plan references or the identity of the land that benefits from it.
For each covenant that could affect the project, note:
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- the exact wording and date of the instrument;
- the land burdened by the covenant and any land or person said to benefit;
- the activity restricted, such as building, a particular use, access or subdivision;
- any exceptions, consent requirements, plan references or conditions within the deed;
- whether later transfers, releases, variations or other documents are incorporated by reference.
Do not infer that a short summary such as “restrictive covenants” tells you what construction is prohibited. The deed and its plan provide the context a lawyer needs to assess the obligation.
Read the title plan with the register
The register and plan are linked records. Use the register’s references and colour descriptions to interpret the markings on the plan, then compare the plan with the planning application drawings and the site you inspected. The title plan normally shows general boundaries; it is not a precise topographical or boundary survey.
A plan that lacks an obvious covenant colouring or reference does not, by itself, establish that the land is free from covenants or other rights. The register may refer to a separate plan in an older deed, so obtain that plan as well.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Planning permission and a restrictive covenant are different regimes
Planning permission is a public-law decision about the acceptability of development. A restrictive covenant is a private title right or obligation. The planning authority does not normally decide whether a covenant is enforceable, who can enforce it or whether your construction would breach it.
“The existence of any planning permission does not remove this legal issue, and in some cases a planning permission may not be capable of being implemented without the removal of the covenant.”
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GOV.UK, Plain English guide to the planning system (published 2015)
That guidance describes the distinction; it is not a ruling on your particular title. GOV.UK’s guidance on when permission is required also explains that land ownership and associated restrictions are not planning matters. Consequently:
- a planning approval does not extinguish a covenant;
- a covenant can restrict a project even when the LPA has granted permission;
- a planning refusal does not prove that a covenant exists;
- an LPA decision cannot confirm that a private beneficiary will consent;
- permission may not be capable of implementation until the private-rights issue is resolved.
Test the records against the proposal you actually intend to build
Do not stop after finding an old permission or a covenant entry. Compare the documents with the precise scheme, use and ownership structure under consideration.
Compare the planning permission
- Does the approved site boundary include every part of the proposed footprint, access and service route?
- Does the approved description cover the building type, floor area, number of units or use you intend?
- Have all reserved matters and condition approvals needed for implementation been granted?
- Has a later variation, appeal or replacement decision altered the approved drawings or conditions?
- Has the permission been implemented in the manner and period stated in its decision notice?
Compare the covenant
- Does the wording restrict construction, a change of use, access, subdivision or another feature of the scheme?
- Does the deed’s plan cover the whole parcel or only a part of it?
- Does the proposed work rely on land or access that is subject to a separate title or covenant?
- Does the instrument identify a beneficiary, retained land or consent mechanism that requires legal investigation?
Keep a document set containing the planning decision, approved plans, condition approvals, local land charges result, title register, title plan and every referenced deed. Mark the plan boundaries consistently so that a lawyer, designer and contractor are all assessing the same land.
What to do when a restrictive covenant appears
Pause any purchase or irreversible construction commitment if the wording could affect the proposal. Give a conveyancing solicitor or property lawyer the register, title plan, referenced deeds, planning decision and your proposed drawings. The lawyer can examine the instrument, the land said to benefit, the chain of title and the facts needed to assess whether the covenant applies and what action is available.
Do not rely on a seller’s assurance, an estate-agent listing, a planning approval or a summary entry to conclude that a covenant can be ignored, released or modified. The enforceability of an unspecified covenant cannot be determined from the existence of planning permission alone.
Common mistakes and how to correct them
| Mistake | Why it fails | Correction |
|---|---|---|
| Searching only the national local land charges service | Some authorities’ data is not yet available there. | Check migration status and contact the authority when coverage is incomplete or unclear. |
| Treating a planning-search result as permission | The result may omit conditions, later decisions or the correct site boundary. | Read the decision notice, approved plans and all subsequent decisions. |
| Relying on a nearby approval or development-plan allocation | Planning permission is site- and proposal-specific. | Match the application boundary and development description to your parcel and scheme. |
| Reading only the title summary | The summary is a pointer and may not contain the covenant wording. | Obtain the full register and every deed or plan it references. |
| Assuming the title plan is a measured boundary survey | HM Land Registry plans show general boundaries. | Compare the plan with the land and obtain a specialist boundary survey if they differ. |
| Assuming planning permission overrides a covenant | Public planning control and private title rights are separate. | Have a property lawyer assess the covenant before relying on the permission. |
| Assuming an outline permission authorises the final build | Reserved matters or other approvals may still be required. | Trace the reserved-matters applications and condition approvals linked to the outline decision. |
| Using a general published time limit as proof that a permission remains live | The relevant period and conditions are stated in the individual decision and may have been altered. | Check the actual notice, later variations and implementation evidence. |
Records checklist before buying or starting work
- Confirm that the land is in England or Wales and identify the responsible local planning authority.
- Map the exact parcel, including access and service areas, and list every relevant title number.
- Search the LPA’s planning register by address, map, applicant and application reference.
- Read each relevant decision notice, approved plan, condition discharge, reserved-matters approval, appeal and enforcement record.
- Run a Local Land Charges search and verify whether the authority’s data is complete on the national service.
- Obtain the HM Land Registry property summary, title register and title plan for each title.
- Order and read every deed, transfer, schedule and plan referenced by a covenant entry.
- Overlay the title and planning boundaries on the proposed construction drawings.
- Ask a conveyancing solicitor or property lawyer to review any covenant, unclear condition, boundary discrepancy or implementation issue before committing funds or work.
Making a defensible decision
You can say that land has planning permission only when the authority’s decision documents identify the same parcel and authorise the relevant development subject to conditions that can be met. You can say that the title discloses no apparent restrictive covenant only after checking the register, plan and referenced instruments; even then, the legal effect of an entry may require professional interpretation.
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The reliable conclusion comes from the combined record: planning history explains the public permission, local land charges identify recorded local restrictions, and the title documents reveal private rights. Keep those conclusions separate in contracts, design instructions and project risk assessments.
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