Sell Garden Land and Backland in Aberdeen
Selling part of your garden in Aberdeen for a new home can work well, but the details decide it: the width and route of the access, overlooking, trees, drainage and any covenants on your title. Land to Homes gives a free, no-obligation appraisal and tells you plainly if the plot is unlikely to get permission.
Aberdeen · AB10Free site appraisal
Tell us about your land and we will call you back. No cost, no obligation.
Prefer to talk? Call 0800 088 6248.
- Free site appraisalNo cost, no obligation
- Legal fees coveredReasonable fees, on options and promotion
- Nothing to pay upfrontOn promotion: we fund planning
- Direct purchaseSuitable sites, with or without planning
- UK-wideEngland, Wales, Scotland and NI
Land and sites near Aberdeen
Aberdeen (AB10) anchors our coverage of Aberdeen & Aberdeenshire, which takes in 4 other places. Close by, our coverage also takes in Stonehaven, Inverurie and Peterhead.
Sites worth a conversation around Aberdeen: redundant agricultural buildings, infill gaps along existing streets and land that already has planning permission. As Aberdeen is in Scotland, applications are judged against National Planning Framework 4, and the buyer of land pays Land and Buildings Transaction Tax (LBTT).
If you own land near Aberdeen, the first step is a free, no-obligation appraisal.
Our approach in Aberdeen
Neighbours can combine
Where several gardens adjoin, a joint scheme with one shared access is often more workable than separate plots. A collaboration agreement can share proceeds fairly between the owners involved.
Access comes first
Most garden schemes stand or fall on access. The drive must be wide enough for cars, refuse collection and emergency vehicles, with safe visibility at the road, under the highway authority's design guidance.
Your retained house matters
Selling part of a garden changes the house you keep: outside space, parking, privacy and value. We look at any scheme from your side as well as from the buyer's.
Covenants and title
Older titles often include restrictive covenants limiting building. Depending on the nation and the facts, a release, indemnity insurance or an application to modify the covenant may be possible.
Planning in Aberdeen: the Scottish rules
If you own land on the edge of Aberdeen, its prospects in Scotland depend largely on the Local Development Plan, which allocates sites for housing, and on NPF4 policies such as those on local living, infrastructure and quality homes. An option or promotion agreement lets a partner fund the planning case while you keep ownership until a sale. With Land to Homes, your reasonable legal fees on these agreements are covered, with the amount agreed in the heads of terms.
In Scotland, restrictions on building are usually real burdens, also called title conditions, rather than covenants, and the Lands Tribunal for Scotland can discharge or vary them. Garden plots are often consented through planning permission in principle first. A building warrant is needed before work starts, and the buyer pays Land and Buildings Transaction Tax.
| In-principle consent | Planning permission in principle (PPP), followed by approval of matters specified in conditions |
|---|---|
| Land transaction tax (paid by the buyer) | Land and Buildings Transaction Tax (LBTT) |
| How a sale becomes binding | Land sales are concluded through missives, formal letters exchanged between solicitors that become a binding contract once concluded, followed by settlement on the date of entry and registration in the Land Register of Scotland. |
| Developer contributions | Section 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments |
Your questions answered for Aberdeen
Do I pay Capital Gains Tax when I sell garden land?
Possibly. Private Residence Relief can cover part of a garden in some circumstances, but the size of the garden and the order and timing of sales can affect it. Selling the garden after you have sold the house, for example, may change the position. Speak to an accountant before agreeing terms.
What is backland development?
Backland development means building homes on land behind an existing row of houses, usually reached by a new access running between them. Many councils have specific policy on it, focused on access, privacy, the character of the area and avoiding piecemeal schemes that would block a better-planned layout later.
Should I team up with my neighbours to sell garden land?
Often it helps. Several gardens together can support a better-planned scheme with one shared access, which councils tend to prefer to separate plots. A collaboration agreement sets out how proceeds are shared, usually by area, so no one loses out because of where the access road happens to go.
What if my title has a covenant against building?
A restrictive covenant can prevent or limit new homes even when planning permission is granted. Options include negotiating a release with whoever benefits from it, indemnity insurance where enforcement looks unlikely, or applying to the relevant tribunal to modify or discharge it. Take legal advice early, because it affects any buyer.
Do you work with landowners in Aberdeen?
We do. We work with landowners in Aberdeen and elsewhere in Aberdeen & Aberdeenshire, including Fraserburgh, Stonehaven and Peterhead. Send us a postcode and we will start with a free, no-obligation appraisal of what the land could take.
Read more: Sell Garden Land and Backland · Guide: Overage and clawback: how they work when you sell land