Planning

A Restrictive Covenant Can Block an Outdoor Unit

Permitted development does not cancel a private covenant. In England and Wales the promise, if there is one, is on the title register.

By Local AC Installers Editorial Team · Published · Updated

Planning permission and a restrictive covenant answer different questions. You can be inside permitted development and still be in breach of a promise on the title. The installer cannot clear that by quoting a planning page. In England and Wales you read the title register. A house in Scotland uses a different register, so an England official copy is the wrong document.

Wall-mounted air conditioning in a UK home

Public permission and a private promise

Permitted development is a planning rule about what you may do without an application, if you meet the conditions. In England the Planning Portal sets out the air source heat pump conditions, including that the unit is not used solely for cooling. A covenant is a private obligation on the land. It can restrict external appearance, new structures, noise or alterations even when the council would not require a planning application. One does not cancel the other. An installer who says the job is fine because it is permitted development has answered only the planning half.

Where the wording actually sits

GOV.UK explains how to get property information from HM Land Registry, including the title register, for land in England and Wales. Order the register for the house you are altering, not a neighbour's title and not a guess from the estate brochure. Read it with the plan. Older wording is often in a deed that the register only refers to, so you may need that deed as well.

Look for words about external appearance, walls, gardens, plant, machinery, noise and alterations. Many titles say nothing about air conditioning. Some estate titles ban almost any new box on a wall. There is no national clause. If the house is in Scotland, do not order an England and Wales official copy and treat it as the Scottish title sheet.

  • The title register for this address
  • The title plan
  • Any deed the register tells you to read
  • A property solicitor if the wording mentions walls, plant, noise or external changes

Unclear wording is not a survey item

If the sentence might bite on an outdoor unit, a property solicitor is the person who interprets it. This page cannot say whether your covenant is enforceable, outdated or already released. Indemnity policies, releases and estate consents are legal steps, not a line on an installation quote. Tell the installer if you are waiting on that answer, and do not drill while you are waiting. A covenant dispute is slower than a reschedule. Leasehold consent, where there is a lease, is yet another document. A freehold house can still have a covenant with no landlord involved at all.

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How this guide was prepared

This guide was written by the Local AC Installers Editorial Team. We compare official guidance, legislation and established consumer information, separate general information from project-specific advice, and show publication dates and sources. We do not accept installer accreditation claims at face value.

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