Sell Garden Land and Backland in Bath
Garden land and backland in Bath 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.
Bath · BA1Free site appraisal
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- 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 Bath
Our Somerset coverage is centred on Bath, postcode district BA1, and reaches 9 other places. The nearest other places we cover are Trowbridge (8 miles), Kingswood (8 miles) and Mangotsfield (10 miles). Within England, Bath falls in the South West region.
Sites worth a conversation around Bath: brownfield land in and around Bath, corner plots and side gardens and large and long rear gardens. In England, where Bath sits, planning decisions are made by the local planning authority, usually the district, borough, city or unitary council (or a national park authority).
Tell us where your land is around Bath and we will explain the routes open to you.
How we work in Bath
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.
Neighbour impact assessed
Councils look at overlooking, loss of light, noise from a new drive and whether the plot is in keeping with the area. We assess these early, because they are common reasons for refusal.
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.
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.
Planning in Bath: the English rules
If your land near Bath 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).
| National planning policy | National Planning Policy Framework (NPPF), revised August 2026, with national planning practice guidance |
|---|---|
| Land transaction tax (paid by the buyer) | Stamp Duty Land Tax (SDLT) |
| 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 Bath
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.
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.
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 Bath?
Yes. Land to Homes looks at land in Bath and elsewhere in Somerset, including Burnham-on-Sea, Frome and Nailsea. 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