Backland Development
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Sell part of your garden in Brighton

Selling land at the back of your house in Brighton is a legal transaction more than a building one. Nothing gets dug or demolished before you sell. A new boundary is drawn on a plan, your solicitor prepares a transfer of part, any mortgage lender agrees to release the plot, and HM Land Registry gives it a title of its own.

What makes that plot worth buying is the prospect of a new home being allowed on it, and that turns on access, space and how a scheme would sit beside the houses around it. We look at all three for any garden in Brighton before making a written offer.

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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
Brighton and Hove City Council
Postcodes
BN1, BN2
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
East Sussex

Before you decide in Brighton

Every garden sale in Brighton ends up as a transfer of part, so the title is where our checks begin. We look for covenants that restrict building, rights of way crossing the plot, and whether the boundary on the ground matches the plan. A mortgage lender will need to release the plot, and a sewer under the lawn may need a build-over agreement.

On the planning side, the searches show what Brighton and Hove City Council has approved or refused at the address, and the council’s Local Plan shows how it views new homes in gardens. Together, these tell us whether to make an offer before anyone takes a tape measure out.

Section showing noon sun and shadows in Brighton: about 39 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.1 m21 Dec, noon: sun 16°, shadow 17.8 mExistingNew home
This section is worked out for the latitude of Brighton: around 39° of sun at midday in late March and about 16° 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.

From first call to decision

Here is what happens if you contact us about a garden in Brighton. We ask a few questions about the house, the garden and any mortgage. We run the desk checks and call back with a view, good or bad. If it’s good, we visit and make a written offer to buy the plot outright. If you accept, heads of terms set out the price, the boundary and who pays what before solicitors start.

  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. Exchange and completion

    Once both sides are satisfied, contracts are exchanged and a completion date is fixed. On completion the money passes through the solicitors and HM Land Registry registers the plot under a new title of its own.

  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

  • Selling the plot after you have sold or moved out of the house can change the tax position; take advice from a tax adviser.
  • Your house keeps a smaller garden, which some future buyers will welcome and others won’t.
  • 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 questions, answered for Brighton

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

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.

Do you buy garden plots in Hove, Shoreham-by-Sea and Peacehaven as well as Brighton?

Yes. We cover England and Wales, including the places around Brighton. The process is the same wherever your garden is, although planning policies depend on the council for your address, so our desk check always starts by finding out which one that is.

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

Brighton and Hove City 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.

What if my Brighton 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 Brighton and Hove City Council’s tree officer may comment on any application. We check for protected trees during the appraisal.

Other options in Brighton

Sell your garden plot near Brighton

Find out what your garden could become

Free garden plot appraisal. No cost, no obligation, and a straight answer if it won’t work.

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