Planning rules are not the only thing that can stop a garden building. Your title deeds or lease may contain promises about what can be built or done on the land, and they apply whatever the council says.
Restrictive covenants
A restrictive covenant is a promise attached to land that limits what the owner can do. Some limit building in the garden, the height of structures or the use of the property for anything other than a private home. They are common on newer estates, and older ones can still be enforceable.
Covenants are separate from planning. A building can be permitted development and still breach a covenant.
How to check
If the property is registered, HM Land Registry holds the title register, which records covenants affecting it or refers to the documents that contain them. GOV.UK explains how to search for and download property information. Your conveyancing paperwork from when you bought may already include it.
Read the wording carefully. Covenant language can be old-fashioned and open to interpretation. If a covenant seems to affect your plans, a solicitor can advise on what it means and whether anyone can enforce it.
Leasehold properties
If you own a leasehold house or flat, the lease may require the landlord's or freeholder's consent before building in the garden, or may restrict the garden's use. GOV.UK's leasehold guidance explains how leases work in general. Ask for consent in writing before work starts.
Rented homes
Tenants need the landlord's permission for a permanent garden building, and the tenancy agreement may restrict alterations. A bar cart or freestanding counter you can take with you is often the practical choice.
Estates and shared areas
Some estates have management companies with rules on garden buildings and fences. Check any estate rules or management company requirements.
Selling later
Buyers' solicitors look for breaches of covenants and missing consents. A building that breaches a covenant can complicate a sale. Keeping a record that you checked, and any consent you received, saves time later.
Planning is still required too
Clearing the covenant and lease does not remove the need to check planning and Building Regulations.
Download your title register and search it for anything mentioning buildings, structures, use or nuisance. It usually takes a few minutes and a small fee.
Quick answers
Can a covenant stop me building a garden bar?
Possibly. Some covenants limit buildings or uses. Check the title register and take legal advice if a covenant seems to apply.
Where do I find my title deeds?
For registered land, HM Land Registry holds the title register. GOV.UK explains how to get a copy.
I rent my home. Can I have a garden bar?
You need the landlord’s permission for anything permanent. A bar cart or freestanding counter is often the practical choice.
Sources
Primary guidance checked 10 November 2026.