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 Derbyshire

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

Backland sites in Derbyshire 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 paddockDerbyshire

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

Selling land around Derbyshire

We cover 12 places across Derbyshire: Derby is the main one, alongside Heanor, Buxton and Staveley. Next door, we also cover Nottinghamshire, Staffordshire and South Yorkshire. Derbyshire is close to our head office in Great Barr, Birmingham.

Around Derbyshire we look at redundant commercial buildings, brownfield land in and around Derby and backland plots with a workable access. Because Derbyshire is in England, land titles are registered with HM Land Registry and transfers attract Stamp Duty Land Tax (SDLT).

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

How we work in Derbyshire

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.

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.

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.

Planning and land rules in Derbyshire

Selling development land in Derbyshire usually starts with heads of terms, a short written summary of price, conditions and fees, before solicitors draft the contract. In England the sale becomes binding on exchange of contracts and finishes on completion, with the title then registered at HM Land Registry. The buyer normally pays Stamp Duty Land Tax. On option and promotion agreements with Land to Homes, your reasonable legal fees are covered, with the amount agreed in the heads of terms.

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 Derbyshire
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 Derbyshire

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 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.

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.

Do you work with landowners in Derbyshire?

We do. We work with landowners across Derbyshire, including Buxton, Derby and Belper. 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

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