CAN YOU BUILD A HOUSE IN YOUR GARDEN?
If you have a large garden (or driveway) that’s accessible directly from the road, it can provide a fantastic development opportunity to build a house on your land.
WHERE TO START?
Before you spend anything on the planning phase, it’s important to get a clear understanding of what the process will be to build a house in your garden and any potential risks. It is important to contact a professional as early on in the process as possible.
Hestia Town Planning would begin by undertaking a ‘feasibility study’ and would look at any hurdles as part of this process. Common areas to research as part of this study include:
- Planning policy. Firstly, check the Local Authorities Development Plan for any policy on backland or infill development. Are you in the countryside and/or part of a conservation area? These areas can be more difficult to get through planning.
- Over intensification and access. Is there enough space and access to allow you to build on your garden?
- Privacy and lighting. Would there be privacy issues for either your existing house or the new one?
- Will the existing property’s value be diminished significantly?
COVENANTS
Covenants are restrictions placed on your land that can prevent you from developing it in a certain way. Even if you get planning permission to build a house in your garden, the covenant would override this, so it’s well worth checking your title on Land Registry (or Registers of Scotland) before anything else.
If there is a restrictive covenant, it may be possible to get it removed, especially if the beneficiary (ie the party that benefits from the restriction) no longer exists. For this you would need to contact a solicitor.
Hestia Town Planning 