Landowner Joint Ventures in Highlands & Islands
If you own land in Highlands & Islands and want more than a land price, a joint venture lets you stay involved in what gets built. The structure might be a contract, a joint venture company or a partnership. Each has different implications for control, risk, tax and funding, so independent legal and tax advice is essential before you commit.
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Land and sites near Highlands & Islands
We cover 6 places across Highlands & Islands: Inverness is the main one, alongside Kirkwall, Stornoway and Lerwick. Next door, we also cover Moray, Aberdeen & Aberdeenshire and Angus & Dundee.
In and around Highlands & Islands, the land we appraise ranges from corner plots and side gardens to former garage blocks and yards, including farmland next to the settlement boundary. Planning in Highlands & Islands follows Scotland’s rules: National Planning Framework 4 sets national policy and the council’s Local Development Plan sets local policy.
Send us a postcode in or near IV2 and we will start with a free desktop appraisal.
How we work in Highlands & Islands
Land value agreed first
Your land is valued at the outset so everyone knows what it contributes. That figure often sets an entitlement paid to you before any profit is shared, which is a key protection in most structures.
Funding and lender security
Development lenders usually want a first charge over the land. If your land is charged, you need to understand what happens if the project runs into difficulty and what protection the agreement gives you.
Sale or rent agreed together
Homes can be built for sale, for rent, or as affordable housing with a council or housing association. The mix affects risk and when money comes back, so it is agreed before work starts.
Decisions and deadlock
The agreement should say who decides on design, pricing, contractors and programme, which matters need both parties' consent, and how any disagreement is resolved without stalling the project.
How the rules work in Highlands & Islands
Land sales in Scotland are concluded through missives, an exchange of formal letters between solicitors. Once missives are concluded they form a binding contract, and the buyer takes entry at settlement, then registers the title with Registers of Scotland. For land near Highlands & Islands, missives can be made conditional on planning permission in principle, so the sale only proceeds if consent is secured. The buyer pays Land and Buildings Transaction Tax to Revenue Scotland.
In Scotland, land placed in a joint venture is transferred or secured under Scots property law, typically by disposition or standard security registered with Registers of Scotland. Land and Buildings Transaction Tax can apply to transfers. Planning obligations are agreed under Section 75, and new homes need a building warrant before construction starts.
| National planning policy | National Planning Framework 4 (NPF4), which forms part of the statutory development plan |
|---|---|
| Local planning document | Local Development Plan (LDP) |
| Who decides applications | The council as planning authority (or a national park authority in its area) |
| In-principle consent | Planning permission in principle (PPP), followed by approval of matters specified in conditions |
| Land transaction tax (paid by the buyer) | Land and Buildings Transaction Tax (LBTT) |
| Land registration | Registers of Scotland (Land Register of Scotland) |
| How a sale becomes binding | Land sales are concluded through missives, formal letters exchanged between solicitors that become a binding contract once concluded, followed by settlement on the date of entry and registration in the Land Register of Scotland. |
| Developer contributions | Section 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments |
Questions about Landowner Joint Ventures in Highlands & Islands
What is a landowner joint venture?
It is an arrangement where a landowner and a developer pool what they have to deliver a development. The landowner usually contributes the land, and the developer contributes expertise, management and access to funding. Instead of a fixed price at the start, the landowner shares in the outcome once homes are sold or let, under agreed terms.
Do I have to put money into a joint venture?
Not always. In many landowner joint ventures the land is the landowner's whole contribution, while the developer arranges the rest of the funding. Some structures ask both parties to contribute cash. The agreement should state clearly whether any further contribution could ever be required from you, and in what circumstances.
How is a property joint venture taxed?
It depends on the structure and your circumstances. Taking part in development can change how your proceeds are taxed, for example as income rather than a capital gain, and moving land into a company can trigger stamp duty or its equivalent in your nation. Speak to an accountant before agreeing any structure.
Can a joint venture include affordable or rental homes?
Yes. A scheme can combine homes for sale, homes for rent and affordable or social homes delivered with a council or housing association. The mix changes the cash flow and when money is paid out, so it should be agreed between the parties before the planning application is submitted.
Do you work with landowners in Highlands & Islands?
We do. We work with landowners across Highlands & Islands, including Inverness, Lerwick and Kirkwall. Send us a postcode and we will start with a free, no-obligation appraisal of what the land could take.
Read more: Landowner Joint Ventures · Guide: Landowner joint ventures explained: sharing in the development