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For landowners · Kent

Sell Garden Land and Backland in Herne Bay

Can I sell part of my garden for development in Herne Bay?

Backland sites in Herne Bay 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.

Development surveyor walking a field boundary hedge with a tabletHerne Bay · CT6

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

Land we look at around Herne Bay

In Kent, Herne Bay lies about 27 miles east of Maidstone; its central postcode district is CT6. Nearby, we also cover Whitstable, Canterbury and Faversham, all within 11 miles. Within England, Herne Bay falls in the South East region.

Typical sites we review near Herne Bay include large and long rear gardens, former garage blocks and yards and corner plots and side gardens. In England, where Herne Bay 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 Herne Bay, the first step is a free, no-obligation appraisal.

Why work with Land to Homes in Herne Bay

Access comes first

Most garden schemes stand or fall on access. The drive must be wide enough for cars, refuse collection and emergency vehicles, with safe visibility at the road, under the highway authority's design guidance.

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.

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.

Rules that apply in Herne Bay

If your land near Herne Bay 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).

Key rules in Herne Bay
In-principle consentOutline planning permission, with reserved matters approved later
Land transaction tax (paid by the buyer)Stamp Duty Land Tax (SDLT)
How a sale becomes bindingA 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 contributionsSection 106 planning obligations, plus the Community Infrastructure Levy (CIL) where the council charges it

Questions about Sell Garden Land and Backland in Herne Bay

Will selling part of my garden affect the value of my house?

It can. A smaller garden, a new drive alongside your home or a new neighbour closer to your boundary may reduce its value, even though the sale brings in money. A local estate agent can advise on the effect on your house, so you can weigh the two together before deciding.

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 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 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 Herne Bay?

Yes. Land to Homes looks at land in Herne Bay and elsewhere in Kent, including Maidstone, Sittingbourne and Ramsgate. 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

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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