Sell Garden Land and Backland in Torquay
Selling part of your garden in Torquay 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.
Torquay · TQ2Free 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 Torquay
Torquay sits about 28 miles east of Plymouth in Devon, in the TQ2 postcode district. Nearby, we also cover Paignton, Newton Abbot and Exmouth, all within 12 miles. Within England, Torquay falls in the South West region.
Around Torquay we look at paddocks on the edge of Torquay, backland plots with a workable access and fields put forward or allocated in the local plan. In England, where Torquay 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 Torquay, the first step is a free, no-obligation appraisal.
What we offer in Torquay
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.
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.
Planning and land rules in Torquay
If your land near Torquay 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).
| National planning policy | National Planning Policy Framework (NPPF), revised August 2026, with national planning practice guidance |
|---|---|
| Who decides applications | The local planning authority, usually the district, borough, city or unitary council (or a national park authority) |
| Land transaction tax (paid by the buyer) | Stamp Duty Land Tax (SDLT) |
| 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. |
Your questions answered for Torquay
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.
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 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 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 Torquay an area you cover for land?
Yes, we cover land in Torquay and elsewhere in Devon, including Tiverton, Plymstock and Bideford. 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