Backland Development
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Sell your garden plot subject to planning in Fareham

Planning is the biggest unknown on any garden plot in Fareham, 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
Fareham Borough Council
Postcodes
PO13, PO14, PO16, PO17
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
Hampshire

How it plays out in Fareham

Neighbours in PO13, PO14, PO16 and PO17 will receive notice of any application on your plot, and some will comment. Fareham Borough Council weighs those comments against planning policy rather than counting them, but a scheme that answers obvious worries about privacy, light and traffic before they are raised usually fares better.

Because you will still be living next door, we agree with you how and when neighbours hear about the plans. Some sellers prefer to speak to adjoining owners themselves before the application goes in; others leave it to the formal notice.

Section showing noon sun and shadows in Fareham: 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
This section is worked out for the latitude of Fareham: 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.

How we’d take it forward in Fareham

Here is what to expect in Fareham. First a phone call, then a desk check of the title and the council’s Local Plan, then a visit if the plot looks promising. If we both want to go ahead, heads of terms set out what we would agree, without obligation, before solicitors draft the conditional contract. The appraisal costs nothing.

  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

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

Your questions, answered for Fareham

What if I want to sell my Fareham 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 Fareham?

That is Fareham Borough Council’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 Fareham 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 Fareham 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.

Other options in Fareham

Subject to planning near Fareham

Find out what your garden could become

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

Get my free appraisal 0800 088 6248