Sell Garden Land and Backland in Forres
Garden land and backland in Forres 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.
Forres · IV36Free 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 Forres
Forres sits about 11 miles west of Elgin in Moray, in the IV36 postcode district. Nearby, we also cover Elgin, Inverness and Buckie, all within 25 miles.
Typical sites we review near Forres include corner plots and side gardens, large and long rear gardens and former garage blocks and yards. As Forres is in Scotland, applications are judged against National Planning Framework 4, and the buyer of land pays Land and Buildings Transaction Tax (LBTT).
Send us a postcode in or near IV36 and we will start with a free desktop appraisal.
How we work in Forres
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.
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.
The Scottish system, as it applies in Forres
Scottish land deals differ from the rest of the UK in a few ways: contracts are concluded by missives, consent in principle is called planning permission in principle, and developer contributions use Section 75 agreements. Land to Homes works within those rules around Forres, whether buying a suitable site directly with no onward chain, subject to survey, title and contract, or promoting it through planning with nothing to pay upfront. Planning permission is never guaranteed, so we explain the risks plainly.
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.
| Who decides applications | The council as planning authority (or a national park authority in its area) |
|---|---|
| Land transaction tax (paid by the buyer) | Land and Buildings Transaction Tax (LBTT) |
| How a sale becomes binding | Land 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 contributions | Section 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments |
Questions about Sell Garden Land and Backland in Forres
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.
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.
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 buy land in Forres?
Yes. Land to Homes looks at land in Forres and elsewhere in Moray, including Buckie and Elgin. 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: Overage and clawback: how they work when you sell land