Property Covenants in New Zealand: What They Are and How They Affect You

Covenants are legally binding conditions registered on property titles that control what you can and cannot do with your land. Before buying or developing any NZ property, understanding the covenants on the title is essential.

What Is a Property Covenant?

A covenant is a promise or restriction attached to a property title that binds current and future owners. Covenants are registered as instruments on the Record of Title at the official land registry and "run with the land" — meaning they stay in force when the property is sold.

There are two main categories:

✅ Positive Covenants

Require you to do something — such as maintain a fence, contribute to shared infrastructure costs, or keep the property in a certain condition.

🚫 Restrictive Covenants

Prevent you from doing something — such as building above a certain height, using certain materials, running a business from home, or keeping certain animals.

Common Types of Covenants in NZ

Covenants are especially common in newer subdivisions where developers want to maintain a consistent look and standard. Here are the most frequent types:

🏗️ Building Design Covenants

Minimum floor area (e.g., 180m²), approved cladding materials, roof pitch requirements, colour palette restrictions. Must build within a specified timeframe (often 2-3 years).

🌳 Landscaping Covenants

Requirements for front yard landscaping, fencing restrictions (e.g., no solid fences on street frontage), approved plant species, and maintenance obligations.

🚗 Use Restrictions

No commercial vehicles parked on the street, no caravans or boats visible from the road, residential use only, no subdivision without developer consent.

🏡 Fencing Covenants

Approved fence types, maximum heights, materials restrictions. Common in modern developments to maintain streetscape aesthetics.

How to Find Covenants on a Property

Covenants appear in the Schedule of Interests on the Record of Title. You'll typically see an entry referencing a covenant instrument number. However, the title itself only shows that a covenant exists — to read the actual terms, you need the instrument document.

  • Step 1: Order a Record of Title ($42.90) to see all registered interests
  • Step 2: Identify covenant instrument numbers in the schedule
  • Step 3: Order the instrument documents ($39.90 each) to read the full terms

💡 Save with the Pre-Purchase Package:

Our Pre-Purchase Diligence Package ($189.90) includes the Record of Title plus key instrument documents — perfect for buyers who want to understand all covenants, easements, and restrictions before making an offer.

What Happens If You Breach a Covenant?

Breaching a covenant can have serious consequences:

  • 🚩Injunction — The covenant holder can seek a court order to stop you or require you to undo the breach (e.g., demolish an unapproved structure)
  • 🚩Damages — You may be liable for compensation if the breach affects neighbouring property values
  • 🚩Sale complications — Future buyers and their solicitors will identify the breach during due diligence, potentially scuttling a sale or reducing the price

Can Covenants Be Changed or Removed?

Yes, but the process varies:

  • Consent of all parties — If all benefiting owners agree, the covenant can be surrendered and removed from the title
  • Court application — Under the Property Law Act 2007 (s317), you can apply to the High Court to modify or extinguish a covenant if it's obsolete, unreasonably restricts use, or the benefiting party has no practical interest in enforcing it
  • Expiry — Some covenants have a sunset clause (e.g., building timeframes). Check the instrument for any expiry date

Covenants vs Council Rules

A common misconception is that if council grants building consent, you can ignore covenants. This is wrong. Council consents and private covenants are separate legal requirements. You need to comply with both.

For example, the district plan may allow you to build a 10-metre-high dwelling, but a covenant on your title may limit buildings to 7 metres. The covenant restriction applies on top of council rules.

Frequently Asked Questions

Do covenants expire?

Some covenants have sunset clauses or specific timeframes (common for building timeframe covenants). Most restrictive covenants, however, remain in force indefinitely unless removed by agreement or court order.

Can my neighbour enforce a covenant against me?

If the covenant benefits their property (they are the dominant land), yes. They can seek legal remedy including injunctions and damages. Even if enforcement seems unlikely, a breach will show up during title searches when you try to sell.

Should I worry about covenants on older properties?

Yes. Historical covenants can still be enforced. Some older covenants contain outdated restrictions that may surprise you. Always check the title and read the instruments before assuming what you can do with the property.

🔍 Check Covenants Before You Buy

Order a title search and instrument documents to know exactly what restrictions apply

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⚡ 2hr delivery📋 Official records🏆 From $42.90

Certificate of Title NZ is an independent service providing property title searches from New Zealand's official land registry.

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Record of Title with Diagram

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Electronic property title record, showing current proprietor, legal description, registered rights and restrictions (mortgage, easement, covenant). Includes a plan or diagram of the land.

$42.90

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Guaranteed Search

Same as current title, plus shows any documents recently lodged but not yet formally registered (e.g., a newly created covenant). Generally requested by solicitors for property transactions.

$45.90

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Historical Title

Shows all interests registered when the title was created, and since. May include scan of original paper Certificate of Title.

$42.90

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Instruments

Official copies of documents registered against a title: consent notices, mortgages, easements, land covenants, and more.

$39.90

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