This guide is based on our experience in the property industry and is intended for general information only. Restrictive covenants involve legal considerations, so we’d always recommend consulting a solicitor who specialises in property law before taking any action. Fees and procedures mentioned below are correct as of February 2026 – always verify the latest figures before making an application.
A restrictive covenant is a legal condition attached to a property’s title deeds, usually imposed by a previous owner when the land was sold. These covenants limit how the property can be used or what changes can be made, and they are legally binding under the Law of Property Act 1925.
If you’re reading this post, maybe you have a restrictive covenant limiting how you can use or change your property, and you want it removed. This article will give you a complete breakdown of the costs to remove a restrictive covenant, as well as what options you have if you can’t remove it.
Having bought thousands of properties over the years, we’ve come across restrictive covenants on a regular basis. In our experience, many homeowners don’t even realise their property has one until they try to make changes or sell. Below, we’ll walk you through the options and costs based on what we’ve seen in practice.
Common examples of restrictive covenants
Restrictive covenants prevent property owners from making changes to their property, or from carrying out certain activities on the property. Here are common examples of restrictive covenants:
- Restriction on building an extension or making other physical alterations to a property
- Restriction on building additional properties on land
- Restriction on height of fences, walls and outbuildings
- Restriction on keeping livestock or animals on the property
- Restriction on keeping a caravan on the property
- Restriction on whether a business or trade can be conducted on the property
- Restriction on noise or other nuisance to your neighbours
You can check whether your property is affected by a restrictive covenant by looking at the Charges Register section of your title deeds. If you don’t have a copy, you can order one from HM Land Registry.
What happens if you ignore a restrictive covenant?
If you breach the terms of a restrictive covenant, you can face legal repercussions. It doesn’t matter whether you breached a restrictive covenant knowingly or unknowingly – all breaches can result in legal action. You should consult a solicitor if you think you have breached a restrictive covenant.
If you have built a structure on your property that is in breach, such as a wall, extension or building, you could be ordered by a court to remove it. If you’re in breach because you’ve caused a nuisance, neighbours could sue you. We’ve seen cases where homeowners have had to demolish extensions they’ve built, which is not only costly but deeply frustrating.
What is the cost to remove a restrictive covenant?
The cost to remove a restrictive covenant can range anywhere from £0 to several thousands of pounds. We’ll discuss in more detail below:
How to remove a restrictive covenant for free
If you have a restrictive covenant impacting your property that you want modified or discharged, the simplest and cheapest thing to do is to simply ask the landowner or landowners of the benefiting land for permission to change the covenant. If they agree in writing that you can build or conduct activity that is contrary to the restrictive covenant, then it will have cost you close to nothing in most cases.
In our experience, direct negotiation is always worth trying first. We’ve seen cases where a simple conversation between neighbours has resolved the issue without any need for formal proceedings. However, it’s wise to get any agreement recorded in a deed of release or variation, which your solicitor can prepare.
Costs start to arise when the landowner of the benefiting land does NOT grant you permission.
Consider mediation before going to the tribunal
Before applying to the tribunal, it’s worth considering mediation as an alternative. GOV.UK notes that a mediation service could be quicker and cheaper than going to the tribunal. Mediation involves an independent person discussing the problem with both parties to find a solution. You can contact Citizens Advice or the Leasehold Advisory Service for free legal advice on this route.
Applying to the Upper Tribunal (Lands Chamber)
In England or Wales, if you can’t get permission from the landowner of the benefiting land to change the covenant, you can apply to the Upper Tribunal (Lands Chamber). The Lands Chamber is a specialist tribunal that handles a range of property and land disputes, including applications to discharge or modify restrictive covenants under Section 84 of the Law of Property Act 1925.
On what grounds can a restrictive covenant be removed?
The Tribunal can only discharge or modify a restrictive covenant if one of the following statutory grounds is satisfied:
- Ground (a) – Obsolescence: The covenant is considered obsolete due to changes in the character of the property or neighbourhood
- Ground (aa) – Impeding reasonable use: The covenant prevents a reasonable use of the land and either doesn’t provide practical benefit to the person entitled, or is contrary to the public interest
- Ground (b) – Agreement: The persons entitled to the benefit of the covenant have agreed, either expressly or by implication, to the covenant being discharged or modified
- Ground (c) – No injury: The proposed discharge or modification would not injure the persons entitled to the benefit of the covenant
Your application will need to demonstrate that at least one of these grounds applies. Understanding which ground your case falls under is important, and a solicitor experienced in restrictive covenants can advise you on the strength of your application.
How much does it cost to remove a restrictive covenant via the Lands Chamber?
The Upper Tribunal (Lands Chamber) fees for a restrictive covenant application are as follows (updated April 2025):
| Fee Description | Amount |
| Lodging an application to discharge or modify a restrictive covenant | £999 |
| Substantive hearing fee (if a hearing takes place) | £1,249 |
| Order without a hearing (if no objections are received) | £166 |
| Hearing as to entitlement (if someone’s right to object is disputed) | £624 |
| Interlocutory application (e.g. time extension) | £125 |
| Engrossing Minutes of Order (drawing up the final order) | £41 |
Source: GOV.UK – Upper Tribunal (Lands Chamber) Fees, updated 8 April 2025. Always check this page for the latest fees before making an application.
It’s possible that the tribunal will make a decision without a hearing – for example, if no objections are received. If this happens, you’ll pay just £166 instead of £1,249 for the hearing.
Assuming there is a hearing, the Lands Chamber may decide to grant you the ability to modify or discharge the restrictive covenant, but it might also make the order conditional. For example, the Tribunal may require you to pay compensation to the landowner of the benefiting land, to make up for any loss or disadvantage they suffer as a result of the modification or discharge.
Don’t forget solicitors’ fees
The Government’s guideline hourly rates for solicitors range from £139 to £566 per hour depending on the solicitor’s experience and location (as of January 2025). Many solicitors charge above guideline rates, particularly in London and for specialist work.
You don’t necessarily need a solicitor to make an application to the Lands Chamber, but having one who is experienced in restrictive covenants and who understands the tribunal’s procedures might give your application a distinct advantage. The overall cost will depend on how complex and drawn out the process is.
Factors that affect solicitor’s fees include:
- Whether the matter is settled without a tribunal hearing
- If someone objects to your application, whether a preliminary hearing is needed to determine entitlement
- How many different grounds of objection there are and how many objectors are involved
- Whether any interim legal work is needed, such as responding to directions or attending case management hearings
It’s best to get a cost estimate from your solicitor before you make your application.
How much time does it take to remove a restrictive covenant via the Lands Chamber?
It can take anywhere between 6 to 24 months to remove a restrictive covenant via the Lands Chamber. The time will depend on a number of different factors:
- How many objections there are against the removal of the restrictive covenant
- The number of tribunal hearings that are needed
- How much time it takes you to comply with the Tribunal’s directions, such as serving notice on affected landowners
- Whether the Tribunal requires a site inspection
From what we’ve seen in our work, the typical case without significant objections tends to complete towards the shorter end of this range, while contested applications with multiple objectors can push well beyond 12 months.
An alternative: restrictive covenant indemnity insurance
If the cost and time involved in formally removing a restrictive covenant seems prohibitive, there’s another option worth considering: restrictive covenant indemnity insurance.
This is a specialist insurance policy that protects property owners against the financial risk of a covenant being enforced. Rather than removing the covenant, you’re insuring against the consequences of breaching it. A typical policy covers legal defence costs, compensation payments, and even the cost of demolishing or altering structures if ordered to do so.
Indemnity insurance is particularly useful when:
- The covenant is old and the beneficiary is unknown or untraceable
- A previous owner already breached the covenant without complaint for at least 12 months
- Your mortgage lender requires cover before approving finance
- You want a quick, cost-effective solution rather than a lengthy tribunal process
Premiums for restrictive covenant indemnity insurance are typically a one-off payment, often starting from around £60–£200 for standard residential properties, though costs can be higher for development or commercial properties. The policy usually lasts indefinitely and can be transferred to future owners.
However, indemnity insurance has limitations. Insurers may not offer cover if the beneficiary of the covenant is known and has recently objected, or if you’re planning to breach the covenant for the first time. Your solicitor can advise whether indemnity insurance is appropriate for your situation.
What other options do you have?
If you have tried to discharge or modify the restrictive covenant with little success, or if you just don’t want to go through the process of removing it, your remaining options are:
- Live with the restrictions – many covenants are old and rarely enforced, though this carries risk
- Take out indemnity insurance – to protect against enforcement (see above)
- Sell your property – and move somewhere that gives you the freedom to do what you want to do
If you need to sell your property – whether because of a restrictive covenant or any other reason – Property Rescue can help. We specialise in buying properties fast, and we can buy any property regardless of condition, including those with restrictive covenants. Drop us a message and we’ll give you a free, no-obligation cash offer for your property today. We can exchange contracts in under a week if needed.
Cost summary at a glance
| Option | Typical Cost | Timeframe |
| Negotiate directly with beneficiary | Free to minimal (solicitor for deed) | Days to weeks |
| Mediation | Varies (often £500–£2,000+) | Weeks to months |
| Lands Chamber (uncontested) | £999 + £166 + solicitor fees | 6–12 months |
| Lands Chamber (contested, with hearing) | £999 + £1,249 + solicitor fees + possible compensation | 12–24 months |
| Indemnity insurance | Typically £60–£200+ (one-off) | Days |
Whatever route you choose, we’d always recommend getting professional legal advice before taking action on a restrictive covenant. The right solicitor can save you significant time and money by advising on the best approach for your specific situation.
