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For landowners · Scotland

Sell Garden Land and Backland in Angus & Dundee

Can I sell part of my garden for development in Angus & Dundee?

Backland sites in Angus & Dundee often stretch across several gardens, so the strongest schemes involve neighbours working together. Land to Homes can buy a single plot directly, subject to survey, title and contract, or bring adjoining owners into one deal with a fair way of sharing proceeds, so a single shared access serves everyone.

Aerial view of long rear gardens behind 1930s semi-detached houses backing onto a paddockAngus & Dundee

Free 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 we look at around Angus & Dundee

We cover 4 places across Angus & Dundee: Dundee is the main one, alongside Forfar, Montrose and Arbroath. Neighbouring areas we also cover include Perth & Kinross, Fife and Edinburgh & the Lothians.

Typical sites we review near Angus & Dundee include redundant agricultural buildings, brownfield land in and around Dundee and corner plots and side gardens. As Angus & Dundee is in Scotland, applications are judged against National Planning Framework 4, and the buyer of land pays Land and Buildings Transaction Tax (LBTT).

Send us a postcode in or near DD1 and we will start with a free desktop appraisal.

What we offer in Angus & Dundee

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.

Trees and ecology checked

Mature gardens can hold protected trees, bats in outbuildings or nesting birds. We check tree preservation orders and conservation area status, and plan any surveys for the right season.

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.

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.

The Scottish system, as it applies in Angus & Dundee

In Scotland, planning applications for land around Angus & Dundee are decided by the council as planning authority, using National Planning Framework 4 and the Local Development Plan, which together form the statutory development plan. Instead of outline permission, Scotland uses planning permission in principle, followed by approval of matters specified in conditions. Land to Homes can buy suitable sites directly or promote land through planning, and every conversation starts with a free site appraisal.

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.

Key rules in Angus & Dundee
National planning policyNational Planning Framework 4 (NPF4), which forms part of the statutory development plan
Local planning documentLocal Development Plan (LDP)
Who decides applicationsThe council as planning authority (or a national park authority in its area)
In-principle consentPlanning 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)
Land registrationRegisters of Scotland (Land Register of Scotland)
How a sale becomes bindingLand 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 contributionsSection 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments

Your questions answered for Angus & Dundee

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.

Is Angus & Dundee an area you cover for land?

Yes, we cover land across Angus & Dundee, including Arbroath, Montrose and Forfar. Where a site suits us we can buy it directly, or set up an option or promotion agreement. On promotion there is nothing to pay upfront.

Read more: Sell Garden Land and Backland · Guide: Selling part of your garden: what you need to know

Own land that could take new homes?

Start with a free, no-obligation site appraisal. On option and promotion agreements we fund the planning work and pay your reasonable legal fees.

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