Backland Development
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Sell part of your garden in Chester

Some gardens in Chester are long enough to hold a second home behind the first, and some side gardens are wide enough to hold one beside it. Either can be sold on its own while you stay put. The sale doesn’t need planning permission in place, and you don’t need to clear, fence or build anything first.

What it does need is a clear route in. A shared or new drive has to work for cars, deliveries and bin collections, and the new home will need fire engine access (or other measures, often sprinklers, agreed with building control and the fire service where a fire engine can’t get close enough). If the only way in crosses land you don’t own, a ransom strip can change the deal entirely, so we check who owns the access before anything else.

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Long back garden with a string line and marker pegs across the lawn showing where a plot could be split off
Planning authority
Cheshire West and Chester Council
Postcodes
CH1
Noon sun, 21 March
About 37°
Shadow from a 5 m eaves line
About 6.7 m
Planning plan
Local Plan
County
Cheshire

The local picture in Chester

Garden plots don’t stop at the edge of Chester. We look at land in nearby Hawarden, Deeside and Ellesmere Port in exactly the same way, and sometimes the strongest plot is one where two or three gardens back onto a single lane or share one access.

If yours is too narrow on its own, a neighbour’s garden might complete it, and selling together can produce a better scheme than either garden could alone. We can talk you both through how that works. Wherever the land sits, the planning authority for that address decides any application, whether that is Cheshire West and Chester Council or the one next door.

Section showing noon sun and shadows in Chester: about 37 degrees on 21 March and 13 degrees on 21 December21 m21 Mar, noon: sun 37°, shadow 6.7 m21 Dec, noon: sun 13°, shadow 21.0 mExistingNew home
This section is worked out for the latitude of Chester: around 37° of sun at midday in late March and about 13° at midwinter. It shows why the gap between your house and a new home behind it is about light as well as privacy. Garden assumed to face north.

The next steps, locally

Next steps in Chester are simple. Send us your address and a rough idea of the part of the garden you’d consider selling. We check the title and the planning position from our desk, call you to talk it through, and arrange a visit if the plot looks viable. If it is, a written offer follows, subject to survey, title and contract.

  1. Free plot appraisal

    Tell us about your garden. We check the title plan, access, local policy and planning history from our desk, then talk it through with you. If it looks viable, we arrange a site visit, with no cost and no obligation.

  2. Written offer and heads of terms

    We put our offer in writing, subject to survey, title and contract. Heads of terms then record the plot boundary, the price, access rights, who pays which costs and the rough timetable for each stage.

  3. Solicitors and lender

    Your solicitor prepares the transfer of part and asks your mortgage lender to release the plot. Ours checks the title, covenants, rights of way and searches, while surveys of trees, ground and drainage run alongside.

  4. After the sale

    Any boundary fence or access works agreed in the transfer are carried out as set out. If the plot still needs planning, we apply as the new owner, and you can see and comment on the plans like any other neighbour.

Worth checking early

  • A sale without planning is priced for the planning risk we take on, so it usually pays less than the same plot with permission.
  • Your house keeps a smaller garden, which some future buyers will welcome and others won’t.
  • Lender consent, old covenants or access disputes can slow a sale, and occasionally stop it.

Questions about garden plots in Chester

What if my Chester garden has a protected tree?

A tree covered by a Tree Preservation Order, or standing in a conservation area, needs consent or notice before work. That doesn’t automatically stop a sale. Often the new home is placed to avoid the roots and canopy, and Cheshire West and Chester Council’s tree officer may comment on any application. We check for protected trees during the appraisal.

Will I need my own solicitor for a garden plot sale in Chester?

Yes. You need a solicitor or licensed conveyancer acting for you on the transfer of part, separate from ours. Choose one who handles property sales and, ideally, development land. Who pays their fees is agreed in heads of terms before you instruct them.

Who decides whether a new home can be built in a Chester garden?

Cheshire West and Chester Council decides, as the local planning authority, using the council’s Local Plan and the National Planning Policy Framework (NPPF). Neighbours and consultees can comment, and the council weighs their points against planning policy. Nobody, including us, can promise the outcome, which is why an outright sale without planning is priced for that uncertainty.

Do I pay Stamp Duty Land Tax (SDLT) when I sell a garden plot in Chester?

No. Stamp Duty Land Tax (SDLT) falls on the buyer of land, so on a sale to us any amount due is ours to pay. What may affect you as the seller is Capital Gains Tax, depending on your circumstances and whether you still live in the house. Take advice from a tax adviser before you agree a deal.

Other options in Chester

Sell your garden plot near Chester

Find out what your garden could become

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