All property and land (freehold and leasehold) that we sell have covenants within the conveyance or lease which the owner must observe and adhere to. Covenants are essentially a promise to do or not to do something on or to the land or property. They stay with the land and as such the responsibility of complying with the covenants is passed from owner to owner. The use of covenants is common place and is good estate management practice and/or promotes our wider duties as a land owner.
Approval to release or vary a restrictive covenant is separate from planning permission, highways consent and building regulations approval. Where planning permission is required, applications for a covenant release or deed of variation should only be made once a planning application has been determined. Covenant approval, release or variation fees are due on application and any consideration is due on completion of the deed of variation. Fees are non-refundable once an application has been made.
The process to be followed for covenant enquiries will depend on whether a property was acquired under the Right to Buy legislation or not.
The title deed or legal transfer document for your property will state whether the property was purchased under Right to Buy legislation, copies of which can be obtained from the Land Registry. This can be confirmed by seeking independent legal advice.
Page last updated: 15 April 2021