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In England and Wales, a restrictive covenant is a private legal promise that limits how land or a building may be used. It may prohibit business use, restrict new building, or control a building’s style or size. A covenant can sometimes be released or varied by deed, or discharged or modified by the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925. Planning permission does not cancel a private covenant: development can have planning consent and still be blocked by the covenant.
The practical starting point is to establish the exact wording, the document that created it, and which land or people have the benefit. Those details determine whether a negotiated deed is realistic and whether a tribunal application has an arguable statutory ground.
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What is a restrictive covenant on land?
A restrictive covenant is a legally binding restriction affecting land. It is usually created by a deed when land is sold, or included in a lease, and binds the affected title rather than merely being a personal promise between the original parties. Typical restrictions include:
- not using a house or plot for a business;
- not erecting an additional building or extension;
- limiting the number, position, style or size of buildings; and
- requiring development to follow specified design conditions.
The covenant is private in nature. Its enforceability depends on the wording, the title history and whether a person or piece of land still has the legal benefit. An entry on a title register may show that a property is burdened, but it may not identify the benefiting land or every person who can enforce the restriction.
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Read the covenant in its original deed or transfer, not just in a short register entry. Definitions, plans, dates, exceptions and wording elsewhere in the document can materially change what the restriction means.
Does planning permission override a covenant?
No. Planning permission and a restrictive covenant operate under separate systems. Planning authorities decide whether a proposed development is acceptable under town and country planning law; a covenant is a private property right that may still prevent the work.
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HM Courts & Tribunals Service states in its T608 guide: “Restrictive covenants have nothing to do with the town and country planning system – a restrictive covenant can prevent development even if it has planning permission.” Read the T608 guide for the tribunal’s explanation. You may therefore need both planning consent and a separate release, variation or tribunal order before building lawfully. Conversely, removing a covenant does not grant planning permission.
Can a restrictive covenant be removed or changed?
Sometimes. There are two main routes in England and Wales, and neither guarantees that a proposed building project will proceed.
| Route | What it depends on | What happens | Main practical issue |
|---|---|---|---|
| Agreed deed of release or variation | Agreement of the relevant people entitled to the benefit, and accurate identification of that benefit | The parties sign a deed releasing the covenant or changing its terms; the transaction and registration requirements must then be dealt with for the affected title | Finding every benefiting title and interested party can be difficult |
| Upper Tribunal application under section 84 | Evidence that at least one statutory ground in section 84 applies | Form T379 is filed, notice is directed to potentially interested people, objections can be made, and the tribunal determines the application | It is a formal, potentially contested process with fees, evidence requirements and possible compensation |
A deed is normally the consensual solution when the beneficiary can be identified and is willing to agree. If agreement is unavailable, a landowner affected by a restrictive covenant can apply to the Upper Tribunal (Lands Chamber) for discharge or modification. Section 84 of the Law of Property Act 1925 supplies the statutory framework.
Release or variation by agreement
A release extinguishes the restriction. A variation changes it, for example by permitting one extension, altering a building line or replacing an absolute prohibition with defined conditions. The agreement must be made by the people who hold the benefit or otherwise have the necessary legal interest.
HM Land Registry guidance explains that a deed can be used to extinguish or effectively vary a covenant, but the correct parties and the benefiting land must be identified. Start with the HM Land Registry customer guidance. A historic conveyance may reveal a benefiting parcel that is no longer owned by the original developer, and several adjoining titles may each have rights. A deed signed by only one of them may not clear the risk.
The deed should describe the affected land, quote or precisely identify the covenant, state the release or revised wording, and deal with execution and registration. Because the appropriate instrument depends on the title history, obtain conveyancing advice before signing or paying for construction work.
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Discharge or modification by the Upper Tribunal
Section 84 is a statutory application route for restrictive covenants. The tribunal may discharge a restriction entirely or modify it. It cannot use this process to remove a positive covenant (an obligation to do something, such as maintain a fence) or an easement (a right such as access). Correctly classifying the entry is essential before choosing the application.
What statutory grounds does the tribunal apply?
Relief is discretionary. The applicant must satisfy the tribunal that one of the statutory grounds applies; meeting a general idea of fairness is not enough.
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A covenant may be obsolete because of changes affecting the property, the neighbourhood or the character of the area. The evidence must show why the original purpose no longer has practical relevance, rather than simply that the restriction is old. Age alone does not make a covenant unenforceable.
It impedes a reasonable use of the land
The proposed use must be reasonable, and the tribunal must also address the statutory safeguards concerning practical benefit, public interest and compensation. A request to build may therefore need evidence about the proposed plans, the current use, neighbouring effects and the benefit claimed by the objector.
The beneficiaries agree
Where everyone entitled to the benefit agrees to the change, that agreement can support relief. You still need to prove who those people are and what interest they hold; an assertion that “the neighbours consent” is not a substitute for evidence of entitlement.
The proposed change will not injure those entitled to the benefit
The tribunal can consider whether the discharge or modification would cause injury to people with the benefit. A design that preserves access, privacy, outlook or agreed spacing may be relevant, but the tribunal assesses the legal benefit protected by the covenant, not simply whether a neighbour dislikes the proposal.
These grounds are legal tests, not a guaranteed checklist for success. The wording of the covenant and the facts on the ground control how they apply.
Find the covenant, its purpose and its beneficiaries first
Most failed or delayed applications begin with incomplete title investigation. Assemble the following before negotiating or filing:
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- Title register and title plan: obtain the current register for the affected property and note the entry describing the covenant, its date and the document referred to.
- Source deed: obtain the transfer, conveyance, lease or deed that contains the covenant. Form T379 requires the restrictions to be identified word for word and the creating document to be specified.
- Plan and parcel history: compare the deed plan with current and historic title plans to identify land that may have received the benefit.
- Ownership and interests: investigate current owners, mortgagees, estate management bodies and other people whose legal interest could be affected.
- Proposed works: prepare accurate drawings and a description of the use or building change. A tribunal cannot assess a vague intention to “develop the plot”.
- Evidence of purpose and impact: collect planning documents, photographs, measurements and information about how the restriction operates in the present neighbourhood.
A register entry may prove that your title is burdened without showing the benefiting land. Historic conveyances and plans often need specialist review. The T608 guide warns that the law is complex and advises seeking legal advice before applying.
How to apply under section 84: the practical sequence
1. Confirm that section 84 is the right route
Check that the entry is a restrictive covenant, not a positive covenant or easement. Then identify the ground or grounds on which you will rely and the evidence available for each one.
2. Complete Form T379
The official application form is Form T379. It asks for the applicant and affected land, the covenant’s exact wording, the deed or other instrument that imposed it, the proposed discharge or modification, and the people who may be entitled to the benefit. Incomplete identification can create procedural delays and objections.
3. File supporting documents and pay the lodging fee
Include the relevant registers, plans, source deed, proposed drawings and evidence supporting the statutory ground. The tribunal’s published fees are time-sensitive; check the current T617 materials immediately before filing.
4. Comply with directed notice and publicity
The tribunal directs how notice is served or publicised to people who may hold the benefit. This is not optional: the process is designed to give potentially affected beneficiaries an opportunity to participate.
5. Respond to objections
An objector may need to explain the basis of their entitlement and the grounds of objection. Be ready to address both parts: whether the person has the benefit and why the proposed change does or does not satisfy section 84. Negotiation may still resolve issues after an application has been issued.
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6. Hearing or determination without a hearing
An unopposed application may be determined without a hearing if the applicant requests that route and the tribunal agrees. A contested matter may require evidence and a hearing. The tribunal decides whether to discharge, modify or leave the covenant in place and may impose terms, including compensation where appropriate.
7. Register the final order
If relief is granted, lodge the tribunal’s order with HM Land Registry. Until the order is properly registered against the title, the register may not reflect the legal change. The T617 procedure guide explains the procedural stages and documents.
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Current tribunal fees and timing of the figures
The T617 guide updated on 14 July 2026 lists the following fees:
| Charge | Amount | Qualification |
|---|---|---|
| Application lodging fee | £1,025 | Published by HM Courts & Tribunals Service in the 14 July 2026 guide |
| Determination fee | £161 | For an unopposed matter determined without a hearing, where that route is used |
| Final-order fee | £40 | Published fee for issuing the final order |
These figures can change. Confirm them in the current T617 guide before filing. They do not include solicitor or barrister fees, title-document costs, surveyors, plans, expert evidence, service, negotiation or compensation. Official materials do not provide a general success-rate statistic, so no reliable percentage outcome should be assumed.
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An old covenant is not automatically void, and silence by neighbours is not proof that nobody can enforce it. The key questions remain whether the restriction still binds the title, whether a legal benefit exists, and whether the wording covers the proposed use. A restriction may have been varied by a later deed, released, superseded or affected by title changes; those possibilities require documentary investigation.
Do not rely solely on a seller’s statement, an informal email from an adjoining owner or a planning approval. Obtain the register and source deed, then have the legal effect assessed for the specific property.
Restrictive covenant, positive covenant or easement?
The labels matter because the remedies differ:
- Restrictive covenant: a promise not to do something, such as build or operate a business; it may be eligible for section 84 relief.
- Positive covenant: a promise to do something, such as maintain a boundary or contribute to repairs; section 84 is not the route for discharging it.
- Easement: a property right, such as a right of way or drainage right; section 84 cannot be used to remove or modify it.
An entry may contain several obligations and rights in the same deed. Have each clause classified separately rather than treating every title restriction as a covenant suitable for a tribunal application.
How to choose between negotiation and a tribunal application
Compare the routes against the facts you can prove:
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- Agreement unavailable: assess whether the evidence supports obsolescence, reasonable use with the statutory safeguards, beneficiary agreement evidenced elsewhere, or absence of injury.
- Unclear benefit: resolve title and conveyance questions before spending on negotiations or an application.
- Urgent construction programme: allow time for document retrieval, notices, objections, possible compensation and registration; do not treat planning approval as clearance to start work.
- High-value or contested proposal: obtain specialist property advice, because an incorrect application can add cost without removing the restriction.
A specialist property solicitor can interpret old conveyances, trace benefiting land, negotiate a deed and prepare a section 84 case. HM Courts & Tribunals Service expressly says the law is complex and its guide is not a substitute for legislation, tribunal procedure materials or professional advice.
Quick Recap
Practical checklist before you build
- Confirm the jurisdiction is England or Wales and identify the exact title affected.
- Order the current title register and plan.
- Obtain the deed, transfer, conveyance or lease containing the covenant.
- Quote the restriction exactly and classify it as restrictive, positive or an easement.
- Trace the land and people with the benefit.
- Prepare a definite proposal with drawings and the intended use.
- Check planning requirements separately; neither approval nor refusal decides the private covenant.
- Ask beneficiaries whether they will sign a properly drafted deed, without assuming an informal consent is effective.
- If agreement fails, identify the section 84 ground and assemble evidence before completing Form T379.
- Budget the current tribunal fees, professional costs and any compensation, then register any deed or tribunal order at HM Land Registry.
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