Sell your garden plot subject to planning in Horley

If your Horley 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 Reigate and Banstead Borough Council. 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
Reigate and Banstead Borough Council
Postcodes
RH6
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.2 m
Planning plan
Local Plan
County
Surrey

What shapes a plot in Horley

Reigate and Banstead 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 Horley, 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 Horley: about 39 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.2 m21 Dec, noon: sun 15°, shadow 18.2 mExistingNew home
This section is worked out for the latitude of Horley: around 39° 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.

How we’d take it forward in Horley

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 Reigate and Banstead Borough Council. 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

  • 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.

Questions about garden plots in Horley

Do I keep my garden in Horley 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.

Can I still use my garden in Horley 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.

What if I want to sell my Horley 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 pay for the planning application on my Horley 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 Horley

Subject to planning near Horley

Find out what your garden could become

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