Sell Garden Land and Backland in Edinburgh
Selling part of your garden in Edinburgh 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.
Edinburgh · EH1Free 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
Our Edinburgh & the Lothians coverage is centred on Edinburgh, postcode district EH1, and reaches 3 other places. Close by, our coverage also takes in Musselburgh, Kirkcaldy and Dunfermline.
Typical sites we review near Edinburgh include land that already has planning permission, farmland next to the settlement boundary and backland plots with a workable access. In Scotland, where Edinburgh sits, planning decisions are made by the council as planning authority (or a national park authority in its area).
Tell us where your land is around Edinburgh and we will explain the routes open to you.
What we offer in Edinburgh
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.
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.
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.
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.
How the rules work in Edinburgh
Land sales in Scotland are concluded through missives, an exchange of formal letters between solicitors. Once missives are concluded they form a binding contract, and the buyer takes entry at settlement, then registers the title with Registers of Scotland. For land near Edinburgh, missives can be made conditional on planning permission in principle, so the sale only proceeds if consent is secured. The buyer pays Land and Buildings Transaction Tax to Revenue Scotland.
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.
| National planning policy | National Planning Framework 4 (NPF4), which forms part of the statutory development plan |
|---|---|
| Who decides applications | The council as planning authority (or a national park authority in its area) |
| Land registration | Registers of Scotland (Land Register of Scotland) |
| Developer contributions | Section 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments |
Common questions in Edinburgh
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.
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.
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.
Do you work with landowners in Edinburgh?
We do. We work with landowners in Edinburgh and elsewhere in Edinburgh & the Lothians, including Bathgate, Musselburgh and Livingston. 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