Selling part of my garden

Planter02

I have a large garden which, as I approach 80, is getting too much for me. I am considering selling part of it which would allow two detached houses to be built. Will it be difficult to organise and should I get outline planning first.

Doozergirl

You'd be better obtaining the permission from a money perspective. But it can be incredibly stressful. Being in the same situation nearly cost my marriage! You can sell, introducing an uplift clause where you get a percentage of the uplift in value once the buyer obtains permission. Or you could give someone an option on the land, dependent upon them obtaining permission.

What gives you certainty the houses would get permission? Is the land to the side or the back, for example? Are you in town or country? In an established street where your land leaves a gap in the housing line?

eddddy

There are a number of ways to do this.

You should probably speak to a specialist land agent and specialist solicitor.

One way would be to offer an "option to purchase" or alternatively a "conditional contract" to a developer.

In simple terms, the contract would work like this:

• The developer applies for planning consent for 2 detached houses, and covers the cost of planning plus your legal costs (which might be £10k+++)

• At the outset, it's agreed that the developer can buy the land for £x, if they get planning consent.

• If they can't get planning consent, they don't buy the land (and have lost their £10k+++ in expenses)

But this kind of thing needs to be done with a specialist solicitor, in order to make the contract as watertight as possible.

LilElvis

eddddy wrote: »

There are a number of ways to do this.

You should probably speak to a specialist land agent and specialist solicitor.

One way would be to offer an "option to purchase" or alternatively a "conditional contract" to a developer.

In simple terms, the contract would work like this:

• The developer applies for planning consent for 2 detached houses, and covers the cost of planning plus your legal costs (which might be £10k+++)

• At the outset, it's agreed that the developer can buy the land for £x, if they get planning consent.

• If they can't get planning consent, they don't buy the land (and have lost their £10k+++ in expenses)

But this kind of thing needs to be done with a specialist solicitor, in order to make the contract as watertight as possible.

I did this 15 years ago and it was a very simple process from my side. When the planning consent took longer than had originally been anticipated all documents were re-signed with an uplift in the purchase price to recognise the increase in property values. It wasn't quick though as it was for a small development rather than 2 houses - 2 houses being bought outright to provide access (including mine) and slices from the back of 10 neighbours gardens - and had to go through every appeal stage before being granted. From being approached to actually selling my house took about 2 1/2 years, though every homeowner was in agreement from the outset, due to the council's objections.