Varying a restrictive covenant on a title
A restrictive covenant is an agreement between two parties that restricts the use of land owned by one of those parties, for the benefit of another party. A restrictive covenant is noted on the Certificate of Title for the land.
The City can assist with the varying or removing of a restrictive covenant where that covenant limits the number of houses (dwellings) to a lesser number than may be permitted on a site by the Residential Design Codes. For example, a restrictive covenant may limit the number of houses to one, but based on the lot size and density code, the lot could accommodate more than one.
An application to vary or remove a restrictive covenant may be lodged in writing or by email to the City. The application will need to include:
- An application for Written Planning Advice form.
- A copy of the latest Certificate of Title. This can be obtained from Landgate.
- A copy of the restrictive covenant documentation (the registration number is on the certificate of title). This can be obtained from Landgate.
- Confirmation of the land size. If the land size is not shown on the Certificate of Title a copy of the diagram, deposited/strata plan is required. This can be obtained from Landgate.
- The fee for written planning advice, as set out in the Planning Services fees and charges.
Upon receiving an application, the City will assess this information. If there is a clear inconsistency between the restrictive covenant and how many houses can be developed on your lot, the City will issue you a letter addressed to Landgate to this effect. You will then need to apply to Landgate to remove or amend the restrictive covenant.
For further information on varying or removing a restrictive covenant that limits the number of houses on your property in a Housing Opportunity Area, refer to the Restrictive Covenant factsheet.
Other restrictive covenants may be varied or extinguished in certain circumstances however the City is not involved in this process. Further advice may be sought from Landgate.