Planning fact sheet - Restrictive covenants

This fact sheet explains the concept of restrictive covenants and outlines their use in the planning system. It is intended as a broad overview of the concept of restrictive covenants.
Last updated: 14 December 2022

The Western Australian Planning Commission has prepared this Fact Sheet to address concerns about the use of restrictive covenants in residential estates by land developers which are inconsistent with and undermine local planning scheme provisions and State planning policy. The concerns relate primarily to covenants limiting the number of residential dwellings on a lot or potential for future subdivision which is inconsistent with the density provisions of the local planning scheme. 

The Fact Sheet also clarifies the procedure for extinguishing or varying a restrictive covenant where the local planning scheme includes a clause which provides such a power as set out in the model provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. Further advice should always be obtained in relation to specific circumstances.