Some privately owned homes on former Peabody estates have restrictive covenants attached to them. These are legal conditions which can limit the changes you can make to your property.
If your home is affected, you may need to get our permission before making alterations such as an extension, loft conversion or other external changes.
You should contact us before starting any work so we can check whether you need our consent.
What is a restrictive covenant?
A restrictive covenant is a legal condition attached to a property or piece of land. It places limits on how the property can be used or changed.
Covenants are usually included in the property's title deeds and can continue to apply when the property is sold to a new owner.
They are often used to protect the character of an area and the interests of neighbouring properties. For example, they may control the type or size of alterations that can be made to a home.
Getting planning permission doesn't automatically give you permission to carry out work under a restrictive covenant.
Planning permission and restrictive covenant consent are separate. Depending on the work you're proposing, you may need permission from your local council as well as consent from us.
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Which estates are affected?
We holds rights under restrictive covenants affecting some privately owned properties on former Peabody estates.
These include properties on:
- Shaftesbury Park Estate
- Park Town Estate
- Christchurch Estate
- Former Regency (Crown) Properties
The exact restrictions affecting a property can vary. If you're unsure whether a restrictive covenant applies to your home, contact us and we can help you identify whether we holds rights affecting your property.
Changes you may need our permission for
Depending on the restrictive covenant affecting your home, you may need our permission before making changes such as:
- building an extension
- converting or altering your loft
- adding a dormer window or changing your roof
- making significant external alterations
- changing windows, doors or other features where this would alter the appearance of the property.
What we consider when you ask for permission
When we consider a request, we'll look at the proposed changes and their effect on the property, neighbouring homes and the surrounding area.
This can include:
- the size and design of the alteration
- whether it is in keeping with the original property
- its effect on neighbours' daylight, privacy and outlook
- the design of roofs, windows and doors
- the materials being proposed
- the effect on the character and appearance of the surrounding area
- how much garden or outdoor space will remain.
We consider each request individually. We may ask you to change your proposal before we can give consent.
How do I know if my property has a restrictive covenant?
Restrictive covenants are normally recorded in the legal documents relating to your property. If your property is on one of the affected estates, contact us and we can confirm whether Peabody holds rights that may affect your proposed alterations.
I've got planning permission. Do I still need Peabody's permission?
Possibly. Planning permission and restrictive covenant consent are separate, so receiving planning permission doesn't remove the need to comply with a restrictive covenant.
Do I need permission for every change to my home?
Not necessarily. It depends on the covenant affecting your property and the work you're proposing. Contact us before starting work and we'll tell you whether our consent is required.
Can you refuse permission?
Yes. We consider each proposal individually and may refuse a request or ask for changes if the proposed work conflicts with the rights Peabody holds under the covenant.
What if I'm unsure what my title deeds mean?
We can explain whether you need to apply to Peabody for consent, but we can't provide independent legal advice about your title. You may wish to speak to a solicitor or conveyancer if you need advice about your property's legal documents. Government guidance also notes that restrictive covenant law can be complex and recommends legal advice where necessary.