Backland Development
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Sell your garden plot subject to planning in Merton

Here is the shape of a conditional garden plot sale in Merton. Heads of terms come first, setting out the price, the scheme we have in mind and the long-stop date. Solicitors then prepare the contract, and on exchange our interest is noted on your title. We apply to the London Borough of Merton, and completion follows a satisfactory permission.

Each stage has its own pace. The whole thing usually runs for months rather than weeks, mostly because of surveys and the council’s decision period. Nothing about it is rushed, and nothing is promised that depends on the council.

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Site plan and house elevation drawings on a kitchen table with the back garden beyond the window
Planning authority
London Borough of Merton
Postcodes
CR4, SM4, SW19, SW20
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Greater London

How it plays out in Merton

Some of the strongest conditional sales involve more than one garden. If your plot in Merton is a little narrow, a neighbour’s garden beside it may make a better scheme possible, and the same is true in places nearby such as Wandsworth, Sutton and Kingston upon Thames. The London Borough of Merton would then judge one application for the combined site. Each owner can sign a separate conditional contract, linked so that none completes unless the scheme for the whole site is approved.

That needs careful drafting and patience, and it isn’t right for every street. When it does fit, it can turn two awkward plots into one good one.

Section showing noon sun and shadows in Merton: 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 18.5 mExistingNew home
Noon sun in Merton 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.

From first call to decision

Getting started takes one message: your address and a rough sketch or description of the land you have in mind. From that we pull the title, look at the planning background and ring you with our view. If a conditional sale looks sensible, we come out to see the garden. Heads of terms follow, and your solicitor reviews them before anything is signed.

  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. 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.

  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

  • The definition of satisfactory permission and the long-stop date decide how certain the sale really is; read both closely.
  • You wait for a planning decision, and possibly an appeal, before you are paid.
  • Capital Gains Tax timing on a conditional sale can differ from an ordinary sale; take advice from a tax adviser.

Merton: questions to ask

Will my neighbours in Merton be told about the application?

Yes. The London Borough of Merton 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.

What if I want to sell my Merton 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.

Who decides the planning application on a conditional sale in Merton?

That is the London Borough of Merton’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.

Do I pay for the planning application on my Merton 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 Merton

Subject to planning near Merton

Find out what your garden could become

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