- Planning authority
- Durham County Council
- Postcodes
- DH1
- Noon sun, 21 March
- About 35°
- Shadow from a 5 m eaves line
- About 7.1 m
- Planning plan
- Local Plan
- County
- County Durham
What shapes a plot in Durham
Every joint venture on a garden in Durham depends on planning permission from Durham County Council, and that starts with the council’s Local Plan. We read its policies on garden land, design and parking before proposing terms, and we look at how the council has decided similar plots nearby.
If the policies are against a plot, a joint venture would only add delay, so we say so early. If they support it, we design the scheme to answer them directly and agree with you the points that affect your own home, such as window positions facing your house.
How we’d take it forward in Durham
Once you’ve chosen a structure, we draft heads of terms setting out who funds what, your share or the home you receive, deadlines and protections. Your own solicitor reviews them and the development agreement that follows. Only then do we commission surveys and design, agree the key layout points with you, and submit the application to Durham County Council.
Free plot appraisal
We look at your title plan, access, neighbouring homes and the council’s planning policies, then talk through what might be built and whether a joint venture or a simpler sale suits you better.
Choose the structure
We explain the options side by side: a share of sale proceeds, a share of profit, a home back for your land, or a land payment plus a share. You choose what fits your plans and appetite for risk.
Development agreement
Your own solicitor and ours turn the heads of terms into a binding agreement. Your solicitor advises on the security that fits, such as the land staying in your name until a set stage or a legal charge.
Sale or handover
The new homes are sold and the proceeds are split as agreed through the solicitors, or your new home is handed over with its warranty, title and certificates in place.
Worth checking early
- Tax can differ from a simple sale of garden land, so take advice from a tax adviser before you sign.
- A joint venture takes longer than any sale: planning, then building, then selling or handover.
- You’ll live next to a building site, and the new home’s design affects your own house and garden.
Durham: questions to ask
Will a joint venture in Durham affect my tax?
It may. Sharing in the development and sale of new homes can be taxed differently from a simple sale of garden land, and Stamp Duty Land Tax (SDLT) or VAT may arise depending on the structure. Take advice from a tax adviser on your own position before you commit.
Can I take a new home back instead of cash in Durham?
Yes, if the plot can support it. Under a homes-for-land joint venture, one of the finished homes on your plot, or the only one, is transferred to you with its own title and paperwork. The agreement fixes the specification and the timetable.
Can my neighbours join a joint venture in Durham?
Yes. Combining adjoining gardens can give a better layout and one shared access. Each owner keeps their house, has their own solicitor and signs up to a collaboration agreement setting out how the result is shared, including fair treatment for the garden that provides the access.
Who decides planning for a joint venture plot in Durham?
Durham County Council decides, using the council’s Local Plan and national policy in the NPPF. We prepare and fund the application and deal with the council’s questions, but no developer can promise the outcome. If planning is refused, you keep your land, and in the usual structure the planning costs stay with us.
Other options in Durham
- Garden plot option agreement
- Corner and side plots
- Sell subject to planning
- Bungalows on large plots
- Combine gardens with your neighbours
- Build a new home in your garden