Sell your garden plot subject to planning in Tiverton

Selling your garden plot in Tiverton subject to planning means agreeing the price now and completing only once permission is granted. Contracts are exchanged at the start, so both sides are committed, but the plot stays in your name until the condition is met. If Mid Devon District Council refuses and the contract ends, you keep your land.

We normally fund the planning application, with any cost recovery agreed in heads of terms before you sign. That lets you benefit from a price informed by planning without paying for drawings, surveys or fees yourself. Our free appraisal tells you whether the plot looks right for it.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Mid Devon District Council
Postcodes
EX16
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.2 m
Planning plan
Local Plan
County
Devon

Tiverton: light, access and policy

Garden plots vary enormously, from long, straight gardens to wide corner plots, so for a garden in EX16 the first visit is about measuring rather than guessing. We record the plot’s depth and width, the route from the road, levels, trees and the neighbouring windows that face it.

Those measurements decide how the conditional contract is drafted. They feed the price formula, set what counts as a satisfactory permission and show how much time the long-stop date needs. They also give Mid Devon District Council a scheme grounded in the real site rather than an outline on a map.

Section showing noon sun and shadows in Tiverton: about 39 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.2 m21 Dec, noon: sun 16°, shadow 17.8 mExistingNew home
This section is worked out for the latitude of Tiverton: 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.

What happens next in Tiverton

After you get in touch about a garden in Tiverton, we run the free appraisal and explain which route we would recommend. If it is a sale subject to planning, we draft heads of terms covering the price, the scheme, the long-stop date and costs. Once your solicitor is happy and contracts are exchanged, we begin the planning work.

  1. Free plot appraisal

    We check your title, access, planning history and local policy from our desk, then talk it through with you. If a new home looks realistic, we visit the garden and tell you which route we think suits it best.

  2. Heads of terms

    We set out the price or price formula, what counts as satisfactory permission, the long-stop date, how any planning costs are treated and who pays which fees. You see all of it before instructing a solicitor.

  3. Exchange of conditional contracts

    Both solicitors agree the contract and the plan of the plot. On exchange, both sides are bound, subject to the planning condition, and our contract is noted on your title so the plot can’t be sold elsewhere.

  4. Completion, or you keep your land

    Once a satisfactory permission is granted and any challenge period has passed, the sale completes within the agreed time and the plot gets its own title. If permission is refused and the contract ends, the land stays yours.

Worth checking early

  • Once contracts are exchanged you are committed to sell if a satisfactory permission is granted.
  • You wait for a planning decision, and possibly an appeal, before you are paid.
  • The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.

Questions about garden plots in Tiverton

Do I keep my garden in Tiverton if planning is refused?

Yes. Nothing is transferred until a satisfactory permission is granted, so a refusal leaves the land in your ownership. Depending on the contract, we may revise the scheme and reapply, or appeal, before the long-stop date. If that doesn’t succeed, the contract ends and our notice comes off your title.

Do I pay for the planning application on my Tiverton garden plot?

We normally fund the planning application, including surveys and drawings. Any recovery of those costs is agreed in heads of terms before you sign, for example as a deduction from the price at completion. You see the full position before instructing a solicitor, so there are no surprises later.

Can I still use my garden in Tiverton while the contract runs?

Yes. The plot stays yours until completion, so you carry on using it as garden. The contract will ask you not to build on it, fell trees or grant new rights over it without agreement, and to allow surveyors in from time to time, by arrangement. Your solicitor will point out anything specific.

Is a sale subject to planning in Tiverton better than an option?

It depends on the plot. A conditional sale binds both sides from exchange and suits a single plot with a clear scheme. An option gives us a right to buy rather than an obligation, and suits plots where the outcome is less certain or the timescale is longer. We’ll recommend one after the appraisal.

Other options in Tiverton

Subject to planning near Tiverton

Find out what your garden could become

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