Covenants appeals and complaints procedure

The National Trust was set up to promote the preservation of places of historic interest and natural beauty for the benefit of the nation. One of the ways we can do this is through our ability to hold covenants on land.

We value all feedback, whether formal or informal, as an opportunity to learn and continually improve our service.

This covenant appeals and complaints process sets out how applicants can:

• make a complaint about the process or standard of service in dealing with an application for consent under a covenant;
• appeal a formal decision on an application under a covenant; or
• appeal against the terms imposed on a formal decision on an application under a covenant.

What is an appeal or complaint?

In this process, you can make an appeal against the terms of a formal decision or against the formal decision itself. A complaint is any expression of dissatisfaction about the process or standard of service in dealing with an application for consent under a restrictive covenant.

Matters are often best resolved through early discussion at a local level and most issues are resolved positively with the Covenants Officer and/or local property team. Before you start stage one of this process, we would encourage you to raise any issues with your Covenants Officer, either:

• verbally, or
• in writing.

If you mention to us that you wish to make an informal appeal or complaint, we will arrange for someone at a local or regional level to speak to you informally to see if matters can be resolved. However, if those discussions have not resolved matters, we will use this appeals and complaints process to deal with your concerns formally.

A formal appeal or complaint will need to be made in writing so that we are clear as to your concerns. We have set out below the process for making a formal appeal or complaint, with links to the relevant forms.

You're welcome to have someone such as a friend or relative make the appeal or complaint on your behalf. However, unless they're a solicitor or other legal advisor, for data protection purposes we'll need your express authority to deal with that person on your behalf. We've provided a template authority letter for you to sign. Depending on the nature of your appeal or complaint, we may need to discuss personal information with the person acting on your behalf. Therefore, please do ensure you choose someone who you're comfortable with for us to speak to about these matters.

We do recognise that making an appeal or complaint can be stressful and worrying. When dealing with your appeal or complaint, we'll seek to treat you in a fair and professional way. We do ask that you reciprocate and that you don't use any form of inappropriate language or behaviour when dealing with us.

Timescale for making a formal appeal or complaint

Formal appeals or complaints need to be made within a reasonable time scale.

If you're making an appeal against a formal decision, the terms of that decision, or a complaint about the level of service received, we request that you send a completed covenant appeals and complaints form to your Covenants Officer as quickly as possible and no later than six months from the date of issue of the formal decision or of the issue giving rise to the complaint happening.

The formal appeal and complaints process

The National Trust aims to resolve all appeals and complaints as quickly as possible. However, some complex appeals and complaints may require a significant amount of time to thoroughly investigate and resolve. We will keep you informed of the progress being made with your appeal or complaint all the way through the process.

There are two stages to our appeals and complaints process. We have designed this process so that at each stage, the appeal or complaint is reviewed by someone who has not previously been involved in the matter.

Stage one

If you would like to appeal a formal decision that has been issued or make a formal complaint about the process or standard of service in dealing with an application for consent under a restrictive covenant, you should complete the covenant appeals and complaints form. You should set out your whole case as clearly as you can in the covenant appeals and complaints form as we may not consider any further information provided at a later stage. You may like to use a sequence of events form.

The covenant appeals and complaints form and accompanying documents should be submitted to the Covenants Officer who has been dealing with your application.

What happens next?

Your Covenants Officer will acknowledge receipt of the completed application within 10 working days and forward your appeal to an Assistant Director outside your region who has not previously been involved in the application. Your Covenants Officer will let you know who will be dealing with your appeal or complaint.

The Assistant Director will fully review the handling of the matter and/or the decision made (as appropriate) including all information you provide in support of your complaint or appeal.

We'll aim to respond with a decision within a further 15 working days. If it is not possible to respond within this period, we will write to you and explain that this is the case. We'll also give you an idea of the likely date by which we will have determined the appeal or complaint.

You're welcome to have someone such as a friend or relative make an appeal or complaint on your behalf. However, unless they're a solicitor or other legal advisor, for data protection purposes we will need your express authority to deal with that person on your behalf. We have provided a template authority letter for you to sign.

Stage two

If you're not satisfied with the response to your appeal or complaint, you (or a friend, relative, or advice worker authorised by you) must notify our Director General in writing within one month of the date of the formal response from the investigating Assistant Director.

Your letter will be acknowledged within 10 working days.

What happens next?

The Director General may refer your appeal or complaint to a central panel. The panel will be chaired by a senior manager appointed by the Director General and consist of a senior National Trust lawyer, the Head of Placemaking, a Regional Director from a different region who has not previously been involved in the case and relevant external advisors from our Design Advice Forum selected on a case by case basis. Our Design Advice Forum is a wide-ranging panel of external experts who give independent advice on a voluntary basis to the National Trust.

The panel will review your appeal or complaint and the previous considerations of your appeal or complaint within one month of having received it from the Director General. You'll have the opportunity to submit any written evidence that you would like to provide before they consider the matter.

Once the panel has fully investigated your appeal or complaint, they will brief the Director General who will make a decision in relation to your appeal or complaint. If we are unable to respond to you within one month of the appeal or complaint being referred to the panel, we'll write to you with an explanation and give a date by which the appeal or complaint will be determined.

Legal challenge to a covenant

It's possible to make a legal challenge to a covenant on limited grounds under s.84 Law of Property Act 1925. If you feel that any of those grounds apply to your case, we recommend that you contact your solicitor for legal advice. We refer to this as a legal challenge. Where a legal challenge is made, this appeals process will not apply and the matter will be dealt with through the legal process alone.

If you would like to obtain support from a solicitor or other legal advisor or agency, you may find the Law Society helpful.

This process will be reviewed and updated when appropriate. It was last updated in 2023.