Backland Development
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Sell your garden plot subject to planning in Kingston upon Thames

Planning is the biggest unknown on any garden plot in Kingston upon Thames, and a conditional contract is a way of sharing it fairly. We take on the cost and work of the application, normally funding it ourselves. You take on the wait. If the council approves a scheme that meets the agreed definition, we complete at the agreed price; if it doesn’t, you still own the land.

That balance suits plots where a sensible scheme is visible from the start. It suits less well where access is doubtful or a neighbour’s land is needed, and we’ll tell you if yours falls into that group.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
Royal Borough of Kingston upon Thames
Postcodes
KT1, KT3, KT4, KT5, KT6
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Greater London

Before you decide in Kingston upon Thames

Garden plots vary enormously, from long, straight gardens to wide corner plots, so for a garden in KT1, KT3, KT4 and KT5 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 the Royal Borough of Kingston upon Thames a scheme grounded in the real site rather than an outline on a map.

Section showing noon sun and shadows in Kingston upon Thames: about 39 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.3 m21 Dec, noon: sun 15°, shadow 18.4 mExistingNew home
Noon sun in Kingston upon Thames on 21 March sits about 39° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.3 m. In December the sun is only about 15° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

How we’d take it forward in Kingston upon Thames

From first enquiry to exchange of contracts usually takes a few months, set mainly by the solicitors and any title questions. The planning stage then runs on its own timetable, depending on surveys and on the Royal Borough of Kingston upon Thames. We keep you updated throughout, share the drawings before submission and tell you as soon as a decision is issued.

  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. 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.

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.
  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.

Kingston upon Thames: questions to ask

Who decides the planning application on a conditional sale in Kingston upon Thames?

That is the Royal Borough of Kingston upon Thames’s decision as the local planning authority, made under the council’s Local Plan and the National Planning Policy Framework (NPPF). We prepare the application, submit it and answer the council’s questions, but the outcome isn’t ours to control. That’s why the contract has a long-stop date and says what happens if permission is refused.

Can I still use my garden in Kingston upon Thames 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.

How long might a sale subject to planning take in Kingston upon Thames?

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.

Do I pay for the planning application on my Kingston upon Thames 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.

Other options in Kingston upon Thames

Subject to planning near Kingston upon Thames

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