A restrictive covenant is a legal obligation contained in a property deed that restricts the use or development of land.
Common examples include:
- Prohibiting extensions or alterations
- Restricting business use
- Limiting the property to a single private dwelling
Who can enforce a restrictive covenant?
Only the party that holds the benefit of the covenant can enforce it. This is usually the original landowner or their successors in title. Determining who holds the benefit can be complex and may require legal advice.
Important points
The grant of planning permission does not override or remove a restrictive covenant. These are separate legal matters.
The older a covenant is, the less likely it is that the Council still holds the benefit. In many cases, other parties may also have enforcement rights.
In some developments (known as building schemes), multiple property owners may enforce covenants against each other.
Independent legal advice
Before making a request to the Council, you should obtain independent legal advice to:
- Confirm whether the covenant applies to your property.
- Identify who holds the benefit of the covenant.
- Understand the implications of seeking consent or release.
If your solicitor requires a plan showing land owned by the Council near your property, this can be provided for an administration fee of £50 per plan and can by contacting CouncilLandEnquiries@coventry.gov.uk. Please mark the subject line of your email as Restrictive Covenant Ownership Plan Request. A plan will only be provided following receipt of payment.
Requesting consent or release
If independent legal advice confirms that the Council holds the benefit of the covenant and recommends that you seek consent or release, you can submit a formal request online. You will need:
- Up-to-date Land Registry entries (title register and plan).
- A complete copy of the deed containing the covenant.
- A copy of any legal advice obtained.
The Council can only release or consent to any residual benefit it may still hold. This does not affect the rights of any other party who may also hold the benefit. The Council accepts no liability for enforcement action by third parties.
Fees
To cover administrative and legal costs, the following charges apply:
- Ownership plan: £50 per plan
- Administration Fee (reviewing correspondence, deeds, and ownership plans): £150
- Consent under a covenant: £200
- Release of a covenant: £750
There may be individual cases where, due to the specific details or complex nature of the applicatio,n the wayleave application cannot be treated as a standard wayleave application. In such cases, an increased wayleave fee and legal fee will be applied.
Apply online
Please use our online form to submit your restrictive covenant application. If you need help or want to discuss the contents of the form, please email CouncilLandEnquiries@coventry.gov.uk.