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For landowners · Highlands & Islands

Land Promotion Agreements in Kirkwall

How does land promotion work in Kirkwall?

With promotion, you keep your land in Kirkwall while Land to Homes pays for the surveys, design and planning application. There is nothing to pay upfront: costs are recovered from the sale proceeds only if the land sells with planning. A minimum price agreed at the start means you are not obliged to sell below that figure.

Aerial view of open farmland with hedgerows on the edge of a townKirkwall · KW15

Free site appraisal

Tell us about your land and we will call you back. No cost, no obligation.

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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

Our coverage in Kirkwall

Kirkwall (KW15) is one of the Highlands & Islands towns we cover, about 113 miles north-east of Inverness. Close by, our coverage also takes in Thurso, Buckie and Elgin.

In and around Kirkwall, the land we appraise ranges from infill gaps along existing streets to redundant agricultural buildings, including farmland next to the settlement boundary. Planning in Kirkwall follows Scotland’s rules: National Planning Framework 4 sets national policy and the council’s Local Development Plan sets local policy.

A postcode and a rough boundary are enough for us to start a free appraisal of land near Kirkwall.

What you get in Kirkwall

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.

Clear fee and cost rules

The heads of terms state the fee, which costs can be recovered and whether any cap applies, so you can see what will come out of the proceeds before you sign.

Planning work funded by us

Nothing to pay upfront: on promotion we fund the planning work. Those costs are recovered from the sale proceeds only if the land sells with planning, and the heads of terms set out exactly how that works.

Strategic planning work

Larger sites often need representations to the development plan, studies on transport, drainage and ecology, and engagement with the local community. We manage that work and report progress to you.

How the rules work in Kirkwall

Planning obligations in Scotland are made under Section 75 of the Town and Country Planning (Scotland) Act 1997 and can cover affordable housing and infrastructure. Once registered against the title, they can bind future owners. Under NPF4, national and major developments must also leave biodiversity in a demonstrably better state. These costs shape what development land near Kirkwall is worth, which is why our free appraisal explains them before any offer or promotion terms are agreed.

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.

Key rules in Kirkwall
National planning policyNational Planning Framework 4 (NPF4), which forms part of the statutory development plan
Local planning documentLocal Development Plan (LDP)
Land transaction tax (paid by the buyer)Land and Buildings Transaction Tax (LBTT)
Land registrationRegisters of Scotland (Land Register of Scotland)

Questions about Land Promotion Agreements in Kirkwall

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.

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.

Who pays if the planning application fails?

On a Land to Homes promotion agreement there is nothing to pay upfront. We fund the planning work, and our costs are recovered from the sale proceeds only if the land sells with planning. How costs are treated in every scenario is written into the heads of terms before you sign anything.

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 Kirkwall?

We do. We work with landowners in Kirkwall and elsewhere in Highlands & Islands, including Fort William, Inverness and Thurso. 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: Biodiversity net gain for landowners: what it means for your land

Land Promotion Agreements elsewhere in Highlands & Islands

Own land that could take new homes?

Start with a free, no-obligation site appraisal. On option and promotion agreements we fund the planning work and pay your reasonable legal fees.

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