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For landowners · England

Sell Garden Land and Backland in Cheshire

Can I sell part of my garden for development in Cheshire?

Garden land and backland in Cheshire means plots taken from large gardens or land sitting behind existing houses, often with no road frontage of its own. It can take one home or a small group, but only if there is safe access and the new homes would not harm neighbours' privacy or the character of the street. We assess both first.

Misty paddock at sunrise on the edge of a market town with a church spireCheshire

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 and sites near Cheshire

Our Cheshire coverage takes in 12 towns and cities, centred on Warrington and including Northwich, Macclesfield and Crewe. Next door, we also cover Merseyside, Greater Manchester and Lancashire. Cheshire is close to our head office in Great Barr, Birmingham.

Typical sites we review near Cheshire include backland plots with a workable access, paddocks on the edge of Warrington and corner plots and side gardens. As Cheshire is in England, applications are judged against the National Planning Policy Framework, and the buyer of land pays Stamp Duty Land Tax (SDLT).

A postcode and a rough boundary are enough for us to start a free appraisal of land near Cheshire.

Our approach in Cheshire

Option and promotion routes

If the plot needs planning first, an option or promotion agreement lets us fund the application. On both, we pay your reasonable legal fees, with the amount agreed up front in the heads of terms.

Neighbour impact assessed

Councils look at overlooking, loss of light, noise from a new drive and whether the plot is in keeping with the area. We assess these early, because they are common reasons for refusal.

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.

The English system, as it applies in Cheshire

In England, most planning applications for new homes in Cheshire are decided by the local planning authority, usually the council, using its Local Plan and the National Planning Policy Framework. Many landowners sell without planning, either outright or through an option or promotion agreement that funds the application first. Land to Homes offers a free site appraisal, pays your reasonable legal fees on option and promotion agreements, and can buy suitable sites directly, subject to survey, title and contract.

In England, the NPPF excludes private residential gardens in built-up areas from its definition of previously developed land, and many Local Plans have specific garden development policies. Recent changes exempt many very small sites from biodiversity net gain, subject to conditions. Restrictive covenants can be modified or discharged by the Upper Tribunal (Lands Chamber).

Key rules in Cheshire
National planning policyNational Planning Policy Framework (NPPF), revised August 2026, with national planning practice guidance
Local planning documentLocal Plan
Who decides applicationsThe local planning authority, usually the district, borough, city or unitary council (or a national park authority)
In-principle consentOutline planning permission, with reserved matters approved later
Land transaction tax (paid by the buyer)Stamp Duty Land Tax (SDLT)
Land registrationHM Land Registry
How a sale becomes bindingA land sale becomes legally binding on exchange of contracts and finishes on completion, after which the buyer registers the title with HM Land Registry.
Developer contributionsSection 106 planning obligations, plus the Community Infrastructure Levy (CIL) where the council charges it

Sell Garden Land and Backland in Cheshire: questions

What is tandem development?

Tandem development is a new house placed directly behind an existing one, sharing or running alongside the same access. Councils often resist it because of noise and disturbance from cars passing the front house and overlooking between the two. A wider plot with its own access is usually viewed more positively.

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.

How wide does an access drive need to be for a new house?

There is no single figure for the whole UK. The local highway authority's design guidance sets widths for private drives, passing places and visibility at the junction, and building regulations cover access for fire service vehicles. We check the standards your council applies before estimating what a plot could take.

Can I sell part of my garden to a developer?

Yes, if the land can support a new home with safe access and acceptable impact on neighbours. The land is split from your title and sold with rights of way and services set out in the transfer. If your house is mortgaged, your lender will need to consent and release the part being sold.

Is Cheshire an area you cover for land?

Yes, we cover land across Cheshire, including Great Sankey, Ellesmere Port and Congleton. 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

Sell Garden Land and Backland in neighbouring areas

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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