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Restrictive covenant—this term alone already sounds serious. It actually is, and it can complicate things if you’ve missed it in the deeds. Hopefully, you’re not halfway through putting up your shed if that happens. Use this general information to learn more.
What Is a Restrictive Covenant?
A restrictive covenant is a binding condition tied to a property, regardless of who owns it. If you buy a house with a covenant, you’re bound by it just like the previous owner was. Basically, it covers what cannot be done with the land if it appears in the title deeds.
For instance, it might state that you can’t build anything new and that the plot must remain a garden. Or that fences and walls must be a certain height. Some are very specific, like “no flat-roofed extensions.” Others are broader, such as “land must not be used for commercial purposes.”
Restrictive covenants are recorded officially in your title deeds or the Land Registry. Be sure to check your paperwork before you start building anything.
What Restrictive Covenant Rules Could Affect Your Shed or Outbuilding
Restrictive covenants can take lots of forms. They don’t all mention sheds or garden buildings directly. Some are broad, some are very specific.
Here are some of the ways they might affect what you can put in your garden:
No new buildings without written consent
Some covenants prevent any new buildings unless you have written permission from the person or organisation that holds the benefit of the covenant. This could be a neighbour, estate trustees, or the original developer.
Even a small shed or summer house could fall under this rule.
Land must remain as garden space
This one comes up a lot in older estates. The garden must remain a garden; do not convert it into a workshop, home office, or storage area for business use.
No extensions or structural changes
No altering existing buildings, like extending a garage, attaching a covered area, or building a lean-to. Minor changes could still technically breach the covenant. Most covenants would still allow for necessary building repair that don’t alter the structure significantly.
Limits on size, height, or placement
A covenant may restrict the height of a shed or the distance from the boundary. For instance, it could say no outbuilding taller than 2.5 metres or no closer than 1 metre to the fence.
Your shed could comply with all planning permission requirements but still breach a restrictive covenant.
Learn more:
[Planning Permission for Sheds]
Bans on commercial rules
Many covenants keep properties residential. Using a shed for a small business, storing a van, or renting out a garden office may be restricted.
Restrictions on materials or permanent foundations
Covenants may require specific materials or prohibit permanent concrete bases. They may insist that sheds are wooden rather than metal, or removable instead of built-in.
Many of these covenants were added decades ago. Some are over 70 years old and are still enforceable today, as long as a beneficiary still holds the enforcement rights.
Can a Restrictive Covenant Stop You Building a Shed?
In general, garden buildings like sheds, log cabins, or summer houses won’t be affected by a restrictive covenant. It’s uncommon but not impossible.
Certain covenants are ordered broadly enough to include any new structure in the garden, as they don’t include any specific exclusions. Others are much narrower and only apply to the main house or permanent buildings.
It all comes down to the exact wording in the deeds or Land Registry records. A seemingly harmless line like “no new buildings without consent” could include a shed, log cabin or summerhouse, depending on how it’s interpreted.
What to Do if a Covenant Applies
Do NOT rely on assumptions. Even if every property in your community has a shed, your own plot might have different rules. Here’s what you can do:
Check your title deeds or Land Registry Entry
Don’t just depend on what’s in a sales brochure. Your title deeds and the Land Registry hold the official record, which will show what the covenant states. It will also tell you whether anyone still holds the right to enforce the covenant. If no one is listed, you may still need to consider that the covenant could be enforced in the future by a new owner or entity. Always check with a property lawyer before making any decisions on whether you can disregard the covenant.
Look for the exact wording, not a summary
As mentioned, covenants can be surprisingly specific or sometimes very broad. Look for the actual words like “sheds must be made of wood, not metal.” Summaries or online listings can gloss over details, and that’s where mistakes happen.
Get legal advice before building if there’s any doubt
A solicitor or conveyancer can interpret the wording, tell you whether it applies, and explain your options. Getting advice upfront is much easier than dealing with a dispute down the line.
Challenging the covenant
It is possible to challenge a restrictive covenant, but it can be a complex process. You may apply to the Land Registry to have the covenant modified or removed, or you could seek a court order (which would be costly). The success of a challenge depends on factors like the covenant’s age, the reason for the restriction, and whether it is still relevant or necessary. Legal advice is crucial, as a solicitor can help assess the validity of the covenant and guide you through the application process. Keep in mind that challenges can take time and may involve legal fees.
Why Restrictive Covenants Exist
Restrictive covenants might seem like they have been added for sentimental reasons (for example, forbidding new owners from removing a certain tree), but sometimes they are practical. Most of the time, they exist to maintain a neighbourhood or estate’s appearance. But they can also be the result of a previous owner who moved to another home in the same neighbourhood, who would continue to be affected by any changes made.
For instance, a 1930s estate might have covenants restricting the gates, so they all match. These rules were intended to maintain a uniform look for the area.
They also make sure the land is used as intended. Gardens remain gardens, and buildings should not be converted to commercial spaces. Another common reason is to prevent overcrowding. Say, some blocks were designed with space between houses. A covenant can stop residents from adding extra buildings or extending too far into the garden.
If you see rules preventing sheds or outbuildings in certain back gardens, the original developer wanted the land to stay open or residential.
Disclaimer: This content shouldn’t be treated as legal advice. Always check with a solicitor or conveyancer to determine whether a covenant may affect your plans.
