Cost to remove a restrictive covenant

A restrictive covenant is a rule in your property’s title deeds. It outlines the changes you can and can’t make such as building an extension or removing an existing feature. A restrictive covenant usually refers to a major alteration such as a loft extension or converting your home into separate flats. Other restrictive covenants may prohibit new buildings on a plot of land or establishing a business.

The purpose of a restrictive covenant is largely to preserve the character of a building or area. If the ruling’s old, you may consider it’s no longer applicable due to local redevelopment or because your property requires modernising. It might even be detrimental to your business prospects. But how much does it cost to remove a restrictive covenant?

How much does it cost to remove a restrictive covenant?

The cost of lifting restrictive covenants includes several fees payable to the Land’s Tribunal. You may also incur other legal costs.

Before applying, you’ll need to find out if the covenant can still be enforced. If it can’t, you can ask the Land Registry if it can be taken off the deeds. To do this, you’ll need to apply to remove the restrictive covenant. An application to remove or modify the restrictive covenant can take between 18 and 24 months to go through.

If the party controlling the covenant can still enforce the ruling, consider negotiation, but be prepared for them to want compensation. If this is the case and they want an unreasonable amount of compensation, then you can apply to the Lands Tribunal about having it removed or altered. The Lands Chamber of the Upper Tribunal can assist if there are any legal problems.

The cost of lifting restrictive covenants involves a statutory fee of £880 upon application. If your application progresses to a hearing, there’s a fee of £1,100. If a decision is reached without a hearing, the fee is £275.

If you need more time to carry out the Tribunal’s directions, you’ll have to pay a fee of £110. There’s a fee of £550 if a hearing is necessary to decide if someone is entitled to object to your application.

If you’re successful, you have to pay £220 for the paperwork concerning the Tribunal’s final decision. There may be other legal costs, but these vary with each case.

Full costs and information can be found on the GOV.UK website.

Common restrictive covenants

Your deeds will state if your property is affected by a restrictive covenant. If you can’t find them, you can order a copy from the Land Registry.

The title documents, or office copy entries, should contain the wording of the restrictive covenant in the Charges Register section. It might refer to a separate conveyance or transfer document with the original rules of the covenant. If so, you’ll have to locate this additional document.

The most common restrictive covenants in place include:

• No other structures to be built.
• Restrictions on the building’s height.
• Consent required before carrying out alterations.
• Not using the front garden to park commercial vehicles, caravans or boats.
• The garden must be kept tidy.
• Installation of CCTV prohibited.
• Satellite dishes not allowed.
• Restriction on types or numbers of pets.
• Musical instruments not prohibited at specified times.

Restrictive covenants removal takeaways

• Always ask for guidance from a Checkatrade legal professional with appropriate experience.
• Check for restrictive covenants affecting your property from the Land Registry.