Sell your garden plot subject to planning in Hatfield

Selling your garden plot in Hatfield 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 Welwyn Hatfield Borough 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
Welwyn Hatfield Borough Council
Postcodes
AL9, AL10
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Hertfordshire

What the council will look at in Hatfield

Welwyn Hatfield Borough Council judges every application against the council’s Local Plan, and a conditional contract is only as good as the planning case behind it. So before agreeing terms on a garden in Hatfield, we read the policies on homes in gardens, any guidance on parking and privacy distances, and the council’s recent decisions on similar plots. That tells us what kind of scheme stands the best chance and how long the long-stop date ought to be. If the policies point firmly against a new home, we won’t suggest a conditional sale at all.

Section showing noon sun and shadows in Hatfield: 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 18.9 mExistingNew home
This section is worked out for the latitude of Hatfield: 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.

What happens next in Hatfield

Here is what to expect in Hatfield. 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. 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

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

Questions about garden plots in Hatfield

Can I still use my garden in Hatfield 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.

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

That is Welwyn Hatfield 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.

What if I want to sell my Hatfield 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.

Do I keep my garden in Hatfield 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.

Other options in Hatfield

Subject to planning near Hatfield

Find out what your garden could become

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