Part of the S&K Group · Land, planning and new homesEngland · Wales · Scotland · Northern Ireland0800 088 6248
Land to Homes emblem: two house roofs over green fieldsLANDTOHOMES
For landowners · England

Sell Garden Land and Backland in County Durham

Can I sell part of my garden for development in County Durham?

Garden land and backland in County Durham 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.

Development surveyor walking a field boundary hedge with a tabletCounty Durham

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

Our coverage in County Durham

Our County Durham coverage takes in 12 towns and cities, centred on Darlington and including Consett, Chester-le-Street and Billingham. If your land is near a boundary, we also cover Tyne and Wear, Northumberland and North Yorkshire.

Sites worth a conversation around County Durham: land behind street frontages, redundant agricultural buildings and former garage blocks and yards. In England, where County Durham sits, planning decisions are made by the local planning authority, usually the district, borough, city or unitary council (or a national park authority).

If you own land near County Durham, the first step is a free, no-obligation appraisal.

What you get in County Durham

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.

Mortgage lender consent

If your house is mortgaged, the lender's charge usually covers the whole garden. You will normally need the lender to release the part being sold, which your solicitor arranges as part of the sale.

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.

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.

The English system, as it applies in County Durham

If your land near County Durham lies in the Green Belt, national policy still protects it, but England's planning framework now recognises grey belt: Green Belt land that is previously developed or does not strongly contribute to certain Green Belt purposes. Where there is evidenced unmet need and the location is sustainable, grey belt housing can be acceptable, with major schemes meeting the Golden Rules on affordable housing, infrastructure and green space. Planning is never guaranteed, so we check policy, access and constraints first.

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 County Durham
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

Common questions in County Durham

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.

Will selling part of my garden affect the value of my house?

It can. A smaller garden, a new drive alongside your home or a new neighbour closer to your boundary may reduce its value, even though the sale brings in money. A local estate agent can advise on the effect on your house, so you can weigh the two together before deciding.

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.

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 you buy land in County Durham?

Yes. Land to Homes looks at land across County Durham, including Stockton-on-Tees, Hartlepool and Chester-le-Street. Every enquiry starts with a free site appraisal, and on option and promotion agreements we pay your reasonable legal fees.

Read more: Sell Garden Land and Backland · Guide: Overage and clawback: how they work when you sell land

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.

CallFree appraisal