Selling My House, But Keeping The Garden

Selling My House, But Keeping The Garden

Postby darthpaul » Sun Jul 09, 2017 12:15 pm

Hi, I'm not sure if this has been covered before, but I'm guessing it's a common scenario! I currently own (Mortgaged) a corner plot semi detached house which has a garden large enough to build another small detached house on the side. This is all very hypothetical at the moment as no PP has been sought, or any plans drawn up. Basically, if PP came off, how would I go about selling my current house and paying off the mortgage (Would move in with family for short term), but keeping the side plot of the garden so I could build the new house afterwards? Thanks for any help/advice.
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Re: Selling My House, But Keeping The Garden

Postby despair » Sun Jul 09, 2017 1:11 pm

See a solicitor you will need one anyway
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Re: Selling My House, But Keeping The Garden

Postby arborlad » Sun Jul 09, 2017 6:50 pm

This thread may be helpful: viewtopic.php?f=9&t=20646
arborlad confuses people
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Re: Selling My House, But Keeping The Garden

Postby pilman » Thu Jul 13, 2017 1:01 pm

how would I go about selling my current house and paying off the mortgage
What would be offered for sale would be clearly identified as being the house with only a part of the existing garden.
A local search by a prospective buyer would reveal that planning permission had been granted for part of the garden land alongside the house, even if no mention of this was made when advertising the property for sale.

It is quite common to sell off part of an existing Land Registry title. A specific deed known as a TP1 is used. which is for a Transfer of Part.

The person buying the existing house with its reduced garden area will pay the agreed asking price that you will use to repay your mortgage on completion of the sale, as is normal when a property is sold.

You will then need to fund the building of a new house if permission had been granted, or sell off a plot of land to anyone wanting to build a new house on that land.

If you did not want to build on this plot of land even after planning permission had been granted, it would be best to sell that plot before selling off the house. That way there is no capital gains tax to pay because it would be selling part of your main dwelling, unless you have been renting out this property. That isn't clear from how you have worded that first posting when you stated that you may move in with family.

If this is a rented property then you will have to pay capital gains tax on the sale of the house, but not on the retained land immediately. If you build a house to live in yourself then there is no tax implication if you did occupy the new house as your main residence then lived there for a number of years before selling it. No tax is due when selling a main residence, nor when selling part of a main residence such as a garden plot after it had gained planning permission.

Before deciding whether you should make a planning application it would be sensible to read through the Local Plan that can normally be found on the Local Planning Authority's web-site. There will be policies regarding off road car parking, garden sizes and areas within the district that are considered suitable for additional dwellings. A bit of research will give you a better idea of whether your garden plot will allow you to fulfill those requirements. Then you can appoint an architect or planning consultant to take matters forward if the policies seem to permit a development of the type you are contemplating.

When my daughter wanted to move to a particular town, I was able to assist her in finding a semi-detached house for sale that had a large side garden that faced on to another road. She now lives in a nice new house built on that original side garden, although this was in an urban area with neighbouring residential properties, rather than a village location where planning policies are more rigorously applied when new housing as applied for.

Where your property is located will be an important factor in getting planning permission granted, although selling off the original house should not present any problems as long as the price reflects the fact that this semi-detached house may become part of a terrace if the new house has to be built alongside the original, or it will be alongside a new detached house if there is sufficient space for that to happen.

In my daughter's case, the first application for a detached house was refused, the second application for a linked house attached to an existing single storey side extension was refused, although a third attempt for an attached house after demolishing the single storey extension was granted permission, as long as there was a walk way underneath the upstairs part of the proposed house to allow permanent access to the retained back garden for the original house.
That was the advantage of having a corner plot facing towards an existing side street, which was at right angles to the street which the original house fronted on.
The main access to the new house is taken from that other street, so the address is completely different from the original property. You mentioned a "corner plot" so you may also be in that situation when it comes to showing which street will be the postal address for your proposed house and which will also provide its main vehicular and pedestrian entrance, which will provide on-site parking for the required number of vehicles depending on how many bedrooms the proposed house is to have. The new house will also have to have an adequate private garden area behind the house with many planning authorities specifying how large an area this needs to be, as well as stating how far away from an existing house a new house has to be be to prevent overlooking or having an over-bearing effect on an existing house.
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