When a builder in Surrey constructs a brand new housing estate, they typically need to agree to exacting planning conditions laid down by the local council which granted them planning approval to construct the houses on the estate.

Presently there are new housing developments at Surrey Coach House Mews Chestnut Avenue, Walton on Thames, Surrey, KT12 4DH, Fairways
Prior Road, Camberley, Surrey Grayswood Place Off Grays Wood, Horley, Hinchley Park, Hengest Avenue, Hinchley Wood, Esher, being built by developers such as Octagon David Wilson Homes Martin Grant Homes Taylor Wimpey

It is the builders responsibility to make sure that the conditions of the planning approval are followed by those people who acquire a house on the estate and their successors in title. Builders accomplish this by inserting Restrictive Covenants on the titles to the properties on the estate.

A restrictive covenant is a promise by one person with another, for instance, by a buyer of land with a vendor, not to do specific things while using the land, such as to build on it or use it as a shop or manufacturing unit.

Restrictive covenants are simply put some form of private planning control. They place restrictions on the development or use of property, for the benefit of another piece of property, and are usually enforceable by one landowner against another.

Listed in the Charges Register of the Title Deeds, Restrictive Covenants bind the land and not the buyer personally and thus "runs with the land". Which means that the covenant endures even when the buyer sells the property to another person. Restrictive covenants also continue to have effects even though they were made a long time ago.

Restrictive covenants often allow neighboring property owners, who've similar covenants in their deeds, to enforce the terms of the covenants on their nearby neighbours property in a court of law.

Restrictive Covenants generally serve to sustain and enhance the value of the properties on the estate by making certain any alterations to the properties on the estate are strictly governed thereby safeguarding against house owners making use of their properties in a way that may cause nuisance or annoyance to the neighbouring properties and 'lowers the tone' of the area. Thus preserving the character of Surrey

• The most common Restrictive covenants on new housing estates are:
• To never keep commercial cars or trucks on the property
• To never hang laundry out in front of the house
• To never modify the look of the house without the written permission of the developer.
• Not to store caravans or boats on the property
• Never to keep animals (other than domestic pets) on the property.
• Never to construct a wall structure or fence in front of the property
• Never to build any structure, for instance an extension with out the written consent of the developer.
• Never to make use of the property for anything other than a private dwelling house in the occupation of one family
• Don't make use of the property for business purposes, for instance, trade or manufacture

If a person violates or attempts to violate one or more of the covenants, a person who has the benefit of the covenants, commonly the developer, may sue to enforce the restrictions. On a great number of brand new estates, the Restrictive Covenants on the titles to the houses are also for the benefit of the owners of the other houses on the estate.

Restrictive covenants are outside of Planning Consent. Getting the consent of the person who has the benefit of the Restrictive Covenant is extra to any need to acquire Planning Consent from the local authority.

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