Sell Garden Land and Backland in Surbiton
Garden land and backland in Surbiton means plots taken from large gardens or land sitting behind existing houses, often with no road frontage of its own. It can take one home or a small group, but only if there is safe access and the new homes would not harm neighbours' privacy or the character of the street. We assess both first.
Surbiton · KT5Free 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 Surbiton
Surbiton (KT5) is one of the Greater London towns we cover, about 11 miles south-west of London. New Malden is the closest neighbouring place we cover, at about 2 miles, followed by Esher and Hampton. Surbiton is part of England’s London region.
Sites worth a conversation around Surbiton: redundant commercial buildings, large and long rear gardens and infill gaps along existing streets. Because Surbiton is in England, land titles are registered with HM Land Registry and transfers attract Stamp Duty Land Tax (SDLT).
Send us a postcode in or near KT5 and we will start with a free desktop appraisal.
What you get in Surbiton
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.
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.
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.
Planning in Surbiton: the English rules
In England, most planning applications for new homes in Surbiton are decided by the local planning authority, usually the council, using its Local Plan and the National Planning Policy Framework. Many landowners sell without planning, either outright or through an option or promotion agreement that funds the application first. Land to Homes offers a free site appraisal, pays your reasonable legal fees on option and promotion agreements, and can buy suitable sites directly, subject to survey, title and contract.
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).
| 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 |
| 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 |
Common questions in Surbiton
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.
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 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.
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 buy land in Surbiton?
Yes. Land to Homes looks at land in Surbiton and elsewhere in Greater London, including Wood Green, Harrow and Hayes. Every enquiry starts with a free site appraisal, and on option and promotion agreements we pay your reasonable legal fees.
Read more: Sell Garden Land and Backland · Guide: Selling part of your garden: what you need to know