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For landowners · England

Sell Garden Land and Backland in West Sussex

Can I sell part of my garden for development in West Sussex?

Backland sites in West Sussex 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.

Aerial view of open farmland with hedgerows on the edge of a townWest Sussex

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

Selling land around West Sussex

Across West Sussex, we cover Crawley and 8 other towns, among them East Grinstead, Burgess Hill and Haywards Heath. Next door, we also cover East Sussex, Surrey and Hampshire.

Typical sites we review near West Sussex include large and long rear gardens, paddocks on the edge of Crawley and redundant commercial buildings. As West Sussex is in England, applications are judged against the National Planning Policy Framework, and the buyer of land pays Stamp Duty Land Tax (SDLT).

Send us a postcode in or near RH11 and we will start with a free desktop appraisal.

What you get in West Sussex

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.

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.

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.

Rules that apply in West Sussex

Land with no planning permission can still be sold. Around West Sussex, the usual routes in England are a direct sale, an option agreement or a promotion agreement, where the planning work is funded for you and the land is sold once consent is granted. Outline planning permission settles the principle, with reserved matters approved later. Section 106 obligations, the Community Infrastructure Levy where charged and biodiversity net gain all affect what a site is worth, so independent advice matters.

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 West Sussex
National planning policyNational Planning Policy Framework (NPPF), revised August 2026, with national planning practice guidance
Local planning documentLocal Plan
Who decides applicationsThe local planning authority, usually the district, borough, city or unitary council (or a national park authority)
In-principle consentOutline planning permission, with reserved matters approved later
Land transaction tax (paid by the buyer)Stamp Duty Land Tax (SDLT)
Land registrationHM Land Registry
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

Sell Garden Land and Backland in West Sussex: questions

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.

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.

How wide does an access drive need to be for a new house?

There is no single figure for the whole UK. The local highway authority's design guidance sets widths for private drives, passing places and visibility at the junction, and building regulations cover access for fire service vehicles. We check the standards your council applies before estimating what a plot could take.

Do you buy land in West Sussex?

Yes. Land to Homes looks at land across West Sussex, including Chichester, Crawley and Haywards Heath. 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

Sell Garden Land and Backland in neighbouring areas

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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