Land Promotion Agreements in Livingston
A land promotion agreement in Livingston is a partnership in which a promoter funds and manages the planning process, then sells the land on the open market with the landowner. The promoter's costs and an agreed fee come out of the sale proceeds. Because both sides are paid from the same sale, both want the highest price.
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- Free site appraisalNo cost, no obligation
- Legal fees coveredReasonable fees, on options and promotion
- Nothing to pay upfrontOn promotion: we fund planning
- Direct purchaseSuitable sites, with or without planning
- UK-wideEngland, Wales, Scotland and NI
Land we look at around Livingston
About 13 miles west of Edinburgh, Livingston is part of our Edinburgh & the Lothians coverage, centred on postcode district EH54. Nearby, we also cover Bathgate, Grangemouth and Dunfermline, all within 12 miles.
In and around Livingston, the land we appraise ranges from fields put forward or allocated in the local plan to small holdings and pony paddocks, including land that already has planning permission. In Scotland, where Livingston sits, planning decisions are made by the council as planning authority (or a national park authority in its area).
Send us a postcode in or near EH54 and we will start with a free desktop appraisal.
Our approach in Livingston
Retained land protected
If you keep neighbouring land, the agreement can secure access and services to it, so the new scheme does not cut off the rest of your holding or limit its future use.
Minimum price agreed early
The agreement sets a floor below which you cannot be required to sell. Some agreements allow it to be reviewed by an independent surveyor if the market moves during the term.
Open-market sale
Once planning is secured, the land is marketed to housebuilders and other buyers, usually through an agent. The aim is genuine competition between bidders, rather than reliance on a single valuation figure.
Interests aligned on price
The promoter's fee is linked to the sale price, so we only do well if you do. That is the main difference from an option, where the buyer benefits from a lower valuation.
Planning and land rules in Livingston
In Scotland, planning applications for land around Livingston are decided by the council as planning authority, using National Planning Framework 4 and the Local Development Plan, which together form the statutory development plan. Instead of outline permission, Scotland uses planning permission in principle, followed by approval of matters specified in conditions. Land to Homes can buy suitable sites directly or promote land through planning, and every conversation starts with a free site appraisal.
In Scotland, promotion usually targets allocation in the Local Development Plan, followed by an application for planning permission in principle. Any Section 75 agreement is registered against the title. Because Scots law treats the agreement as a personal contract, the promoter's interest may be secured by a standard security, and the eventual sale is concluded by missives.
| National planning policy | National Planning Framework 4 (NPF4), which forms part of the statutory development plan |
|---|---|
| Land transaction tax (paid by the buyer) | Land and Buildings Transaction Tax (LBTT) |
| Land registration | Registers of Scotland (Land Register of Scotland) |
| Developer contributions | Section 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments |
Questions about Land Promotion Agreements in Livingston
What is a minimum price in a promotion agreement?
It is the lowest figure at which the landowner can be required to sell once planning is granted. It protects you from a sale in a weak market. Set it too high and the land may not sell; set it too low and it gives little protection. Some agreements allow review by an independent surveyor.
Can I end a promotion agreement early?
Usually only in limited circumstances set out in the agreement, such as the promoter failing to meet its obligations or the term expiring. Because the promoter is investing in planning, early termination by the landowner is normally restricted. Check the termination clauses with your solicitor before you sign.
What fee does a land promoter take?
The fee is usually a share of the sale proceeds, sometimes calculated after costs are deducted and sometimes capped. There is no standard rate: it depends on the size of the site, the planning risk and the costs involved. Ask for the fee and the cost rules to be set out clearly in the heads of terms.
Will I have a say over who buys the land?
Usually, yes. Promotion agreements typically involve the landowner in agreeing the marketing approach and the choice of buyer, subject to the minimum price. Where several bids meet the minimum, the agreement sets out how the preferred bid is chosen and what happens if the parties disagree.
Do you work with landowners in Livingston?
We do. We work with landowners in Livingston and elsewhere in Edinburgh & the Lothians, including Bathgate, Musselburgh and Edinburgh. Send us a postcode and we will start with a free, no-obligation appraisal of what the land could take.
Read more: Land Promotion Agreements · Guide: Tax when selling land for development