Land Promotion Agreements in Scottish Borders
With promotion, you keep your land in Scottish Borders 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.
Scottish BordersFree site appraisal
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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 Scottish Borders
We cover 4 places across Scottish Borders: Galashiels is the main one, alongside Peebles, Kelso and Hawick. Neighbouring areas we also cover include Edinburgh & the Lothians, Fife and Forth Valley.
Around Scottish Borders we look at brownfield land in and around Galashiels, backland plots with a workable access and redundant agricultural buildings. Because Scottish Borders is in Scotland, land titles are registered with Registers of Scotland (Land Register of Scotland) and transfers attract Land and Buildings Transaction Tax (LBTT).
If you own land near Scottish Borders, the first step is a free, no-obligation appraisal.
How we work in Scottish Borders
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.
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.
Reasonable legal fees covered
We pay your reasonable legal fees on promotion agreements, with the amount agreed up front in the heads of terms. You choose your own solicitor to act for you.
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.
The Scottish system, as it applies in Scottish Borders
In Scotland, planning applications for land around Scottish Borders 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 |
|---|---|
| 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 Land Promotion Agreements in Scottish Borders
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.
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.
How does a land promotion agreement work?
The landowner and promoter sign an agreement for a set term. The promoter funds and runs the planning process. If permission is granted, the land is sold on the open market, provided offers meet an agreed minimum price. From the proceeds, the promoter recovers its costs and takes an agreed fee, and the landowner receives the balance.
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.
Is Scottish Borders an area you cover for land?
Yes, we cover land across Scottish Borders, including Galashiels, Kelso and Hawick. Where a site suits us we can buy it directly, or set up an option or promotion agreement. On promotion there is nothing to pay upfront.
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