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For landowners · Scotland

Sell Garden Land and Backland in Edinburgh & the Lothians

Can I sell part of my garden for development in Edinburgh & the Lothians?

Backland sites in Edinburgh & the Lothians 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.

Ripe wheat field edge with a village church tower and rooftops beyond the hedgeEdinburgh & the Lothians

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 Edinburgh & the Lothians

We cover 4 places across Edinburgh & the Lothians: Edinburgh is the main one, alongside Livingston, Bathgate and Musselburgh. Neighbouring areas we also cover include Fife, Forth Valley and Lanarkshire.

Typical sites we review near Edinburgh & the Lothians include paddocks on the edge of Edinburgh, farmland next to the settlement boundary and fields put forward or allocated in the local plan. Because Edinburgh & the Lothians is in Scotland, land titles are registered with Registers of Scotland (Land Register of Scotland) and transfers attract Land and Buildings Transaction Tax (LBTT).

If you own land near Edinburgh & the Lothians, the first step is a free, no-obligation appraisal.

Our approach in Edinburgh & the Lothians

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.

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.

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.

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.

Planning and land rules in Edinburgh & the Lothians

If you own land on the edge of Edinburgh & the Lothians, its prospects in Scotland depend largely on the Local Development Plan, which allocates sites for housing, and on NPF4 policies such as those on local living, infrastructure and quality homes. An option or promotion agreement lets a partner fund the planning case while you keep ownership until a sale. With Land to Homes, your reasonable legal fees on these agreements are covered, with the amount agreed in the heads of terms.

In Scotland, restrictions on building are usually real burdens, also called title conditions, rather than covenants, and the Lands Tribunal for Scotland can discharge or vary them. Garden plots are often consented through planning permission in principle first. A building warrant is needed before work starts, and the buyer pays Land and Buildings Transaction Tax.

Key rules in Edinburgh & the Lothians
National planning policyNational Planning Framework 4 (NPF4), which forms part of the statutory development plan
Local planning documentLocal Development Plan (LDP)
Who decides applicationsThe council as planning authority (or a national park authority in its area)
In-principle consentPlanning permission in principle (PPP), followed by approval of matters specified in conditions
Land transaction tax (paid by the buyer)Land and Buildings Transaction Tax (LBTT)
Land registrationRegisters of Scotland (Land Register of Scotland)
How a sale becomes bindingLand sales are concluded through missives, formal letters exchanged between solicitors that become a binding contract once concluded, followed by settlement on the date of entry and registration in the Land Register of Scotland.
Developer contributionsSection 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments

Sell Garden Land and Backland in Edinburgh & the Lothians: questions

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 backland development?

Backland development means building homes on land behind an existing row of houses, usually reached by a new access running between them. Many councils have specific policy on it, focused on access, privacy, the character of the area and avoiding piecemeal schemes that would block a better-planned layout later.

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 work with landowners in Edinburgh & the Lothians?

We do. We work with landowners across Edinburgh & the Lothians, including Musselburgh, Livingston and Bathgate. 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

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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