Backland Development
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Sell part of your garden in Hailsham

Some gardens in Hailsham 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
Wealden District Council
Postcodes
BN27
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
East Sussex

The local picture in Hailsham

Every garden sale in Hailsham 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 Wealden District 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 Hailsham: 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
Noon sun in Hailsham on 21 March sits about 39° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.1 m. In December the sun is only about 16° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

The next steps, locally

Once you get in touch, we look up your title at HM Land Registry and check what the council’s Local Plan says about homes in gardens. Then we talk, with no obligation on your side. If the plot works, we visit, agree the boundary with you on a plan and put our offer in writing. Your solicitor and ours take it from there, and the pace suits you.

  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

  • Lender consent, old covenants or access disputes can slow a sale, and occasionally stop it.
  • Your house keeps a smaller garden, which some future buyers will welcome and others won’t.
  • 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 questions, answered for Hailsham

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

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.

Do you buy garden plots in Eastbourne, Seaford and Bexhill-on-Sea as well as Hailsham?

Yes. We cover England and Wales, including the places around Hailsham. 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.

What if my Hailsham 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 Wealden District Council’s tree officer may comment on any application. We check for protected trees during the appraisal.

How long does selling a garden plot in Hailsham take?

The legal work usually runs for a few months, much like an ordinary house sale. What drives it is the lender’s consent to release the plot, any covenant or access issue on the title, and how quickly both solicitors work. Selling without planning means there’s no council stage to wait for before completion.

Other options in Hailsham

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