UKThere's a restrictive covenant on my property preventing building. Can I remove it?
Yes, you may apply to the Upper Tribunal (Lands Chamber) to modify or discharge a restrictive covenant under section 84 of the Law of Property Act 1925, if certain legal conditions are met.
What the Law Says
Section 84 of the Law of Property Act 1925 gives the Upper Tribunal (Lands Chamber) the power to modify or discharge restrictive covenants affecting land in England and Wales.
A restrictive covenant is a private agreement limiting how land can be used — for example, prohibiting building or altering structures. While such covenants 'run with the land', they are not permanent and can be removed or changed if specific statutory conditions are satisfied.
Under section 84, the Tribunal may discharge or modify a covenant if one or more of four grounds apply: (1) the restriction is obsolete; (2) it impedes reasonable user of the land without securing practical benefits to others; (3) those entitled to the benefit consent; or (4) modification won’t injure those with the benefit.
The applicant must show that the covenant no longer serves its original purpose, or that its continued existence is unjustified in current circumstances — especially where the land’s use has changed significantly over time.
Statutory TextThe Upper Tribunal may, on an application made to them, discharge or modify any restrictive covenant affecting land… if satisfied— (a) that the restriction has become obsolete; or (b) that the proposed discharge or modification will not injure the persons entitled to the benefit… or (c) that the persons entitled to the benefit… have agreed… or (d) that the proposed discharge or modification will not injure those persons.
— Law of Property Act 1925, s. 84 — Discharge or modification of restrictive covenants
What to Do
Check who holds the benefit of the covenant (e.g., neighbouring landowners or a management company).
Gather evidence showing obsolescence, lack of practical benefit, or consent — e.g., planning history, site surveys, or letters from beneficiaries.
Submit Form UT(LC)1 to the Upper Tribunal (Lands Chamber) with supporting documents and fee (£250 as of 2024).
Serve notice on all affected parties — including beneficiaries and local authorities where relevant.
Attend a hearing (if contested) or await the Tribunal’s written decision, which may include conditions or compensation requirements.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.