Sell Land with Planning Permission in Elgin
Before you sell a consented site in Elgin, check when the permission expires and which conditions must be cleared before work can start. Those two points shape what a builder will pay. Our free, no-obligation appraisal looks at the permission itself, then explains whether a direct purchase or an open-market sale suits you better.
Elgin · IV30Free site appraisal
Tell us about your land and we will call you back. No cost, no obligation.
Prefer to talk? Call 0800 088 6248.
- 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 Elgin
Elgin is the main town we cover in Moray, centred on postcode district IV30. Close by, our coverage also takes in Forres, Buckie and Inverness.
Sites worth a conversation around Elgin: backland plots with a workable access, large and long rear gardens and land behind street frontages. As Elgin is in Scotland, applications are judged against National Planning Framework 4, and the buyer of land pays Land and Buildings Transaction Tax (LBTT).
Tell us where your land is around Elgin and we will explain the routes open to you.
What you get in Elgin
Planning obligations understood
Section 106 agreements in England and Wales, Section 75 in Scotland and Section 76 in Northern Ireland bind the land. Their costs, such as affordable housing or contributions, pass to the buyer and affect value.
Buildability tested
As part of the S&K Group, a construction and property group, we test whether the approved homes can be built for a sensible cost, not just whether the drawings look right.
Honest view on redesign
If a revised scheme could make the site work better, we explain that openly, including the planning risk a fresh application would carry, so you can judge any offer that depends on it.
Permission read in full
We read the decision notice, the approved plans and every condition, so any offer reflects what the consent actually allows rather than the headline number of homes on the application form.
Planning in Elgin: the Scottish rules
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 Elgin, 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, a site may hold full planning permission or planning permission in principle, with matters specified in conditions still to be approved. Any Section 75 agreement is registered against the title and binds the buyer. The sale is concluded through missives, the buyer pays Land and Buildings Transaction Tax, and a building warrant is needed separately before construction.
| 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 |
Your questions answered for Elgin
Does planning permission go with the land when I sell?
Yes. In most cases planning permission runs with the land, not the owner, so it passes to the buyer automatically. Personal permissions are rare exceptions. Planning agreements tied to the consent, such as a Section 106 agreement in England and Wales, also bind the land, so the buyer takes on those obligations as well.
What is a pre-commencement condition?
It is a condition that must be discharged before any development starts, such as approval of drainage, materials, a construction management plan or ecology measures. Starting work before discharging one can mean the permission has not been lawfully implemented. Buyers check these carefully because they affect both cost and when building can begin.
What happens if my planning permission is about to expire?
If development has not lawfully begun by the deadline, the permission usually lapses and a new application is needed, which may be judged against newer policy. The usual choices are to sell to a buyer able to make a lawful start, to apply again, or to make a start yourself after discharging pre-commencement conditions. Take planning advice early.
Do I need to clear the planning conditions before I sell?
Not usually. Many sites sell with conditions still outstanding, and the buyer deals with them as part of preparing to build. Clearing some in advance can make a site easier to sell, but it costs money and may not suit every buyer's design. We will tell you whether it is worth doing on your site.
Do you work with landowners in Elgin?
We do. We work with landowners in Elgin and elsewhere in Moray, including Forres and Buckie. Send us a postcode and we will start with a free, no-obligation appraisal of what the land could take.
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