Sell Garden Land and Backland in Devon
Selling part of your garden in Devon 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.
DevonFree 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 Devon
Our Devon coverage takes in 10 towns and cities, centred on Plymouth and including Plymstock, Tiverton and Torquay. Next door, we also cover Cornwall, Somerset and Bristol.
Typical sites we review near Devon include former garage blocks and yards, corner plots and side gardens and paddocks on the edge of Plymouth. In England, where Devon 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 Devon, the first step is a free, no-obligation appraisal.
What we offer in Devon
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.
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.
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.
Rules that apply in Devon
Land with no planning permission can still be sold. Around Devon, the usual routes in England are a direct sale, an option agreement or a promotion agreement, where the planning work is funded for you and the land is sold once consent is granted. Outline planning permission settles the principle, with reserved matters approved later. Section 106 obligations, the Community Infrastructure Levy where charged and biodiversity net gain all affect what a site is worth, so independent advice matters.
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).
| National planning policy | National Planning Policy Framework (NPPF), revised August 2026, with national planning practice guidance |
|---|---|
| Local planning document | Local Plan |
| Who decides applications | The local planning authority, usually the district, borough, city or unitary council (or a national park authority) |
| In-principle consent | Outline planning permission, with reserved matters approved later |
| Land transaction tax (paid by the buyer) | Stamp Duty Land Tax (SDLT) |
| Land registration | HM Land Registry |
| How a sale becomes binding | A 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 contributions | Section 106 planning obligations, plus the Community Infrastructure Levy (CIL) where the council charges it |
Questions about Sell Garden Land and Backland in Devon
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.
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.
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.
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.
Do you work with landowners in Devon?
We do. We work with landowners across Devon, including Barnstaple, Exeter and Tiverton. 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: Selling part of your garden: what you need to know