Restrictive covenants have nothing to do with the town and country planning system, so a covenant in your title can prevent development even if it has planning permission.

What a restrictive covenant is

According to the Upper Tribunal (Lands Chamber) guidance published on GOV.UK, a restrictive covenant is a legally binding restriction imposed on land by agreement between two freehold landowners or contained in a lease. It is often imposed when land is sold, for example to prevent the buyer using the land for business or building on it, or to make sure they keep to a particular style or size of building. Covenants are imposed by deed and are private arrangements: only the person who imposed the covenant, and anyone who later owns any of that person’s land, can enforce it.

Why planning permission does not settle the question

The tribunal guidance is explicit that restrictive covenants have nothing to do with the town and country planning system, and that a covenant can prevent development even if it has planning permission. That matters for conservatories because our other guides explain permitted development and planning applications. Those rules decide whether the council needs to be involved, not whether a private covenant allows you to build. The guidance gives examples of covenants that prevent building on land or require buildings to keep to a particular style or size.

Finding out whether your property is affected

HM Land Registry holds information about registered property in England and Wales, and GOV.UK says you can get information even about property you do not own, including the title register. The tribunal guidance says that when land is registered, it is usually obvious from the registered title whether it is subject to restrictive covenants. Land may be affected by covenants imposed many years ago, for example when land was sold for housing in the 20th or even 19th centuries, and the guidance warns that it can be difficult to tell who can enforce a covenant and old conveyancing documents may have to be inspected even where the land is registered. This article covers England and Wales; land law in Scotland and Northern Ireland differs.

GOV.UK describes the title register as a document giving details such as who owns the property, rights of way and whether a mortgage has been discharged. The tribunal guidance adds that the register does not usually show that land has the benefit of covenants over other land, so someone who wants to enforce or object to a covenant may need legal advice to establish their entitlement.

Applying to modify or discharge a covenant

The owner of land, freehold or leasehold, that is subject to a restrictive covenant may apply to the Lands Chamber of the Upper Tribunal under section 84 of the Law of Property Act 1925 to have it discharged or modified. The tribunal has no power to change positive covenants, which require an owner to do something, or easements such as rights of way. The applicant uses Form T379 and submits it with the specified documents and the fee. The registrar then gives directions for notice to those who may benefit from the covenant, which may involve a newspaper advertisement, notices on the land or a publicity notice.

Objections, hearings and costs

Anyone wishing to object must submit a notice of objection within one month of the notice date, and no fee is payable to object. The applicant then has 14 days to say whether it accepts that the objector is entitled to the benefit of the covenant, and disputed entitlement can be decided by the tribunal. Where there are no objections, the tribunal may decide without a hearing. The guidance says successful objectors will generally be awarded their reasonable costs, while successful applicants cannot expect costs. It also notes that the law on restrictions affecting land is complex and it is advisable to seek legal advice before applying.

FAQs

Is a covenant the same as a planning condition?

No. The tribunal guidance says covenants have nothing to do with the planning system and are private arrangements enforceable by those who have the benefit of them.

Can a neighbour enforce a covenant?

Only the person who imposed it and anyone who later owns any of their land can enforce it, according to the tribunal guidance, which is why identifying who benefits can be complex.

Does the tribunal handle every covenant problem?

No. The guidance says the tribunal cannot discharge or modify positive covenants or easements such as rights of way. Take legal advice about your title.

Bottom line

Before you commit to a conservatory, read the title register for your property and ask your solicitor about any restrictive covenants, rather than assuming planning permission or permitted development is enough. If a covenant blocks your plans, an application to the Upper Tribunal (Lands Chamber) is one route, but it is a legal process with notice, objections and costs risks. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• HM Courts & Tribunals Service via GOV.UK, “Guide for applications to discharge or modify restrictive covenants (T608)”
• GOV.UK, “Get information about property and land”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.