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Sell Your Backyard FAQ

Frequently Asked Questions

How big does my land have to be?

It doesn’t matter what size your land is. If you can imagine a small unit there, then it’s worth contacting us. Even if you can’t imagine it, why not contact us anyway. If it helps, in Victoria there have been residential dwelling built on subdivisions as small as 169 sqm.  

Can I have a say in how much of my yard is carved off?

Yes of course. It’s perfectly reasonable that you would want to keep some garden around the back (or side) of your home. We are happy to work with you on your ideas about resizing the land.

What does Sell Your Backyard do with the land once I’ve sold it to you?

We work on plans to build a residential dwelling or dwellings. We might develop the property ourselves, or after a successful subdivision application, sell the property to a third party with plans and a building permit.  

How do you work out what you’ll pay me for my backyard?

Before we make you an offer, we methodically undertake a costs analysis. This involves researching current market value, recent market trends, the size of the possible subdivision the type of access, costs for subdivision approval, costs for landscaping and fencing, cost of connecting and reconnecting essential services, costs of anything additional you might have requested, new garage for example and so on. Please refer to our Information Pamphlet for further details.  

How long will it take before I have the cash in hand?

We expect the process to take approximately 5 to 6 months. This will vary depending on council processes. In more difficult cases, it could take longer. If it is likely there could be difficulty processing a subdivision application or there could be a delay we notify you on the onset.  

I don't fully own my home yet; I have a mortgage. Does the bank need to be involved?

Yes, but we would expect the bank to welcome a reduction in your debts.  

Will my Council Rates decrease after I’ve sold my backyard to Sell Your Backyard?

Yes, retaining ownership of a property which has been reduced in size should mean that your council rates will decrease. Your retained property should be revalued by your local council and your rates adjusted accordingly. Sell Your Backyard will liaise with council and advise them that a reevaluation of your property should be conducted..  

Shouldn’t I seek independent advice?

Yes, we encourage you to engage a solicitor to peruse the contract of sale and include any conditions that you might think prudent. You might also want to discuss the possible sale with your accountant.  

Shouldn’t I obtain an independent valuation?

We encourage you to seek independent advice about the value of the proposed subdivision. You could do this informally, by asking a real estate agent for an appraisal of what they could sell the land for; or formally by commissioning an independent valuation. To compare the market valuation with the Sell Your Backyard offer, you need to deduct all costs of the subdivision, such as land surveying, application administration, landscaping, legals, advertising, agent’s fees and so on, from this amount. If Sell Your Backyard’s offer is still less, consider if the balance of having a fixed price, a guarantee and no capital outlay is worth the financial balance.  

Do I need to prepare anything for the initial assessment?

We will require a copy of the Title Certificate. This will enable us to identify any restrictive covenants that might be placed on your land. If you have copies of site plans, and water, sewerage, drainage plans this would be a great help.  

Will I have to pay Capital Gains Tax? How much will this be?

When you sell the home you live in you are exempt from Capital Gains Tax (CGT). However, (unless you bought your home before 20 September 1985*) when you sell off your backyard you are not. Despite the fact that government urban consolidation policies are ‘encouraging’ medium density housing, you will still be required to pay CGT on the income you receive from the sale of your backyard. Calculating the amount of CGT depends on many variables, such as when you bought the property, the purchase price, the sale price, etc. To complicate things more, there are even different ways to work it out! For more information, speak to your accountant or visit the “Capital Gains Tax essentials” page on the Australian Tax Office website. http://www.ato.gov.au/corporate/pathway.asp?pc=001/001/038

(*Assets acquired prior to 20 September 1985 you are generally exempt from Capital Gains Tax).  

Can I have a say in the type of fencing and landscaping?

We welcome your opinions and ideas. The design and budget for fencing, driveways, landscaping and so on will be discussed with you when negotiating sale price.  

Will I be inconvenienced while my backyard is being developed?

Only along the driveway, and the rear construction will simply be like a neighbour building an extension. Remember, by the time your backyard is being developed you would already have been paid a lump sum for it. It’s a good time to take that big holiday you deserve.  

Do I have a say in what is developed on my backyard, even after I’ve sold it to Sell Your Backyard?

We will share the plans with you out of courtesy. Our design professionals have to design within council guidelines, and to appeal to the property market. We will consider your opinion, but unless you create a caveat on the sale of the land, we have the right to determine the design as we see fit.

What if I decide not to proceed with the project after you have submitted to council?

To prepare an application for subdivision for council takes a lot of time from a lot of skilled people. We would have encumbered considerable cost on our resources. You are legally liable to continue with the sale.  

If a planning permit is not issued what happens?

We either change the plans to suit council's concerns, or appeal against the council decision. The worst-case scenario is that your property is just not suitable for development. Which is disappointing for you, but better than if you had tried to sub-divide yourself and had exuberant consultancy and legal costs to pay and no end result.  

What do I need to prepare for you?

The Certificate of Title, and water/sewer/drainage plans if you have them. For things you should prepare for yourself, see the question below.  

What could I be doing while you’re investigating subdivision possibility?

Before we get back to you with preliminary assessment results you would serve yourself well to investigate the following:-

• Capital gains tax you would be liable to pay
• Alternative quotes for the sale of your backyard (If you chose to, for a fee, you could commission a formal valuation).
• Seek quotes from land surveyors, and subdivision consultancies to see what they would charge to help you subdivide your land. See if they’ll do it for a fixed price. See if they’ll guarantee subdivision approval.
• See what commission a real estate agent would want for selling your newly subdivided land. See if they’ll guarantee they sell your backyard for the price they tell you you could achieve. • Check out what advertising fees would be.
• Decide if you want to spend the money to subdivide without a guaranteed price or time period.
• Decide if you have the time to deal with the grind of following a paper trail, negotiating constantly and are patient enough to wait for the end result before you see any money.
• Seek valuation on land you are hoping to sell to Sell Your Backyard.  

What if I want to sell my house and whole block?

This is not something we wouldn’t consider. The advantage to you would be that you would not pay capital gains tax, could avoid advertising fees and real estate agent’s commissions. It’s possible too that we can pass some of our subdivision savings on to you giving you a higher price overall. You need to weigh up selling to Sell Your Backyard versus selling on the open market.  

Is landscaping for my property included?

Yes, if this is a requirement by council as part of the permit. However if council's requests are quite substantial, the costs will have to be negotiated as part of the purchase price.  

What if I want something extra, like a garage, shed, carport?

Bring your suggestions to the table. When negotiating with you we like to hear what your expectations and aspirations of the sale are - so we can accommodate them. It might be in your interest to build a new garage and decrease the sale price of the land and thus pay less Capital Gains Tax for example.  

What if my neighbours complain?

If your neighbours object formally to the subdivision planning application, it’s Sell Your Backyard’s problem. If your neighbours are grumbling to you, you can assure them that Sell Your Backyard endeavours to portion land sizes and access in a way that is aesthetically pleasing and sympathetic to the existing neighbourhood character. It is in Sell Your Backyard’s interest to build homes typical of or sympathetic to the suburb, since this is what potential buyers are generally looking for. A well designed, well built, efficient an aesthetically pleasing dwelling can only add value to your neighbour’s property - and yours.

If your neighbours are still grumbling; you can tell them that you’re doing your bit for the planet. Australian cities are under a lot of strain as a result of increasing population pressure and urban sprawl. Melbourne is growing at approximately 63,000 people per year - that’s a lot of heads that need roofs over them. A small, energy efficient new home built on a small subdivision that has easy access to water, electricity and roads is more sustainable than larger houses in the city’s satellite suburbs. The future of Australia depends on higher density living. Tell your neighours to get green and subdivide - if that fails, ask us to build a higher fence!  

What if I don’t like the plans for the building to built on my old land?

Sell Your Backyard takes your concerns, considerations and expectations seriously. In most cases we will seek approval for the development of the land before applying for the subdivision. This allows you to have open discussions with us about the plans for the proposed dwelling. In other cases, Sell Your Backyard might subdivide the land first. In this case, you might not be able to have input into the design of the building and in the very worst case might have to place an objection to council!!

 
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