Sell your garden plot subject to planning in Hackney

If your Hackney garden could hold a new home but you’d rather not sell it before the planning question is answered, a conditional contract is worth a look. We agree a fixed price, or a formula linked to what the council approves, and exchange contracts. Then we design the scheme, carry out the surveys and apply.

You keep living in your house and using the garden throughout, and you see the drawings before they go to the London Borough of Hackney. If a satisfactory permission arrives within the agreed time, the sale completes and the plot gets its own title. If not, nothing has been transferred.

Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
London Borough of Hackney
Postcodes
E2, E5, E8, E9, N16
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Greater London

Hackney: light, access and policy

On a conditional sale, the contract defines what kind of permission triggers completion. In Hackney, that definition has to reflect what the London Borough of Hackney is likely to ask for: access standards, parking, perhaps biodiversity net gain rules, and possibly a contribution or the Community Infrastructure Levy if the council charges it.

Getting this right protects both sides. Set too tightly, a sound permission might not count; too loosely, you could be held to a sale on terms nobody expected. We draft it around the council’s Local Plan and explain every limb of it before you sign.

Section showing noon sun and shadows in Hackney: about 38 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.3 m21 Dec, noon: sun 15°, shadow 18.7 mExistingNew home
This section is worked out for the latitude of Hackney: around 38° of sun at midday in late March and about 15° 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

After you get in touch about a garden in Hackney, 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. Planning application

    We commission the surveys, prepare the drawings, seek pre-application advice where useful and submit the application, normally at our cost. You see the plans before they go in, and the council makes the decision.

  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

  • You wait for a planning decision, and possibly an appeal, before you are paid.
  • The plot can’t be sold to anyone else while the contract runs, even if another offer comes along.
  • Once contracts are exchanged you are committed to sell if a satisfactory permission is granted.

Hackney: questions to ask

Is a sale subject to planning in Hackney 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.

Will my neighbours in Hackney be told about the application?

Yes. The London Borough of Hackney publicises applications through letters to neighbours, a site notice, or both, depending on its practice. Neighbours can comment, and the council weighs their views against planning policy. You can choose whether to speak to adjoining owners before the application goes in, and we’ll fit in with what you prefer.

How long might a sale subject to planning take in Hackney?

It usually runs for months, sometimes longer. Exchange often takes a few months; surveys and drawings take a few more; and the Planning Portal says most applications are decided within eight weeks of being valid, though garden schemes can take longer. The long-stop date sets the outer limit, agreed with you at the start.

What if I want to sell my Hackney house during a conditional sale?

Tell us as early as you can. The conditional contract is noted on your title, so your house buyer’s solicitor will see it. The two sales can usually be arranged together, but the order matters for the legal work and possibly for Capital Gains Tax, so take advice from a tax adviser too.

Other options in Hackney

Subject to planning near Hackney

Find out what your garden could become

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