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For landowners · Scotland

Sell Garden Land and Backland in Scottish Borders

Can I sell part of my garden for development in Scottish Borders?

Backland sites in Scottish Borders 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 hedgeScottish Borders

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 and sites near Scottish Borders

Across Scottish Borders, we cover Galashiels and 3 other towns, among them Kelso, Hawick and Peebles. If your land is near a boundary, we also cover Edinburgh & the Lothians, Fife and Forth Valley.

In and around Scottish Borders, the land we appraise ranges from former garage blocks and yards to fields put forward or allocated in the local plan, including infill gaps along existing streets. Because Scottish Borders is in Scotland, land titles are registered with Registers of Scotland (Land Register of Scotland) and transfers attract Land and Buildings Transaction Tax (LBTT).

Send us a postcode in or near TD1 and we will start with a free desktop appraisal.

What we offer in Scottish Borders

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.

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.

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.

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.

The Scottish system, as it applies in Scottish Borders

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 Scottish Borders, 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.

Key rules in Scottish Borders
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

Your questions answered for Scottish Borders

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 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.

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 Scottish Borders?

We do. We work with landowners across Scottish Borders, including Galashiels, Hawick and Kelso. 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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