The Upper Tribunal (Lands Chamber) guides T608 and T617, dated 14 July 2026, set out the fees for applications to discharge or modify a restrictive covenant, affecting landowners and objectors.
Key facts
- Who: Landowners applying to discharge or modify a restrictive covenant, and people who object to those applications
- From: 14 July 2026
- Source: Upper Tribunal (Lands Chamber): Guides on restrictive covenants (T608 and T617)
A restrictive covenant is a legally binding restriction on the use of land or buildings, often imposed when land is sold. Examples include preventing business use, preventing building, or requiring a particular style or size of building. A covenant can prevent development even where planning permission exists. Owners who want to develop or change the use of their land may apply to the Lands Chamber to have it discharged or modified under section 84 of the Law of Property Act 1925.
Both guides carry an updated date of 14 July 2026. The procedure guide (T617) lists the following fees:
- Lodging fee, sent with the application: £1,025
- Determination fee, where there are no objections and the applicant asks for a decision without a hearing (step B): £161
- Hearing fee, where the tribunal holds a hearing on whether an objector is entitled to object: £640
- Final hearing fee: £1,281
- Fee for the final order (steps 23 and G): £40
- Fee for any application made during the case, including a request for more time: £128
There is no fee for objecting. An objector must complete a notice of objection, which the tribunal and the applicant must receive within one month of the date on which notice of the application was given. If the applicant disputes an objector's entitlement to the benefit of the covenant, further 14-day deadlines apply.
The tribunal has no power to discharge or modify positive covenants, which require a landowner to do something, or easements such as a right of way.
The guides say the law on restrictions affecting land is complex and that seeking legal advice before applying is advisable. Tribunal staff can answer questions about process but cannot give legal advice.
What this means for landowners and objectors
Anyone considering an application should check the fees in the current T617 guide before budgeting. Costs arise at several stages and depend on whether anyone objects and whether a hearing is needed.
Applicants pay the lodging fee with the application. The guide lists a £40 fee for the final order where an application is granted, and, where no one objects and the application is decided without a hearing, also where it is refused. Objectors pay no fee to object but must meet the one-month deadline and the 14-day deadlines that can follow.
Because the process is technical, it is sensible to get legal advice before applying or objecting, and before a deadline passes.
Sources
- Upper Tribunal (Lands Chamber): Guides on restrictive covenants (T608 and T617), HM Courts & Tribunals Service, updated 14 July 2026: https://www.gov.uk/government/publications/upper-tribunal-lands-chamber-restrictive-covenants-t608-and-t617