Sell Land Without Planning in Edinburgh & the Lothians

Land and sites near Edinburgh & the Lothians

Our Edinburgh & the Lothians coverage takes in 4 towns and cities, centred on Edinburgh and including Livingston, Musselburgh and Bathgate. Neighbouring areas we also cover include Fife, Forth Valley and Lanarkshire.

In and around Edinburgh & the Lothians, the land we appraise ranges from land that already has planning permission to former garage blocks and yards, including infill gaps along existing streets. Planning in Edinburgh & the Lothians follows Scotland’s rules: National Planning Framework 4 sets national policy and the council’s Local Development Plan sets local policy.

If you own land near Edinburgh & the Lothians, the first step is a free, no-obligation appraisal.

What we offer in Edinburgh & the Lothians

Constraints checked first

Flood risk, access, heritage, ecology, protected trees and landscape designations can each decide whether planning is realistic. We look at all of these before discussing any deal or price mechanism with you.

Overage protects the upside

If you sell now, an overage clause can entitle you to a further payment if a more valuable permission is granted later. We explain how triggers, duration and security are usually set out.

Option or promotion routes

Where planning will take longer, an option or promotion agreement lets us fund the application while you keep ownership. We explain the difference, including who benefits from a higher or lower sale price.

Hope value explained

Land with no permission but a realistic chance of one is worth more than its current use value, but less than consented land. We explain where your site sits on that scale and why.

Planning in Edinburgh & the Lothians: 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 Edinburgh & the Lothians, 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, the Local Development Plan and National Planning Framework 4 decide where housing goes. Land is often sold on missives with a suspensive condition that planning permission in principle is granted. Under the newer plan system councils prepare an evidence report before the proposed plan, so landowners benefit from engaging early.

Key rules in Edinburgh & the Lothians
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

Your questions answered for Edinburgh & the Lothians

Is a field with no road frontage worth selling for development?

It can be, but access is the first question any buyer asks. If the only route in crosses land owned by someone else, rights need to be agreed or a strip bought. We check title plans and highway records before suggesting any deal, so you know whether access is a hurdle or a dead end.

Can I keep using the land while planning is pursued?

Usually, yes. Under options and promotion agreements you normally keep ownership and can carry on using the land, for example for grazing or farming, until it is sold. The agreement sets out access for surveys and any restrictions, such as on granting new long-term tenancies.

Should I apply for planning permission myself before selling?

You can, but an application costs money in surveys, reports and fees, and a refusal can make the land harder to sell. A scheme designed by someone who does not intend to build may also not suit housebuilders. Many landowners prefer a partner who carries the cost and risk of planning instead.

What is a subject to planning contract?

It is a contract where both sides commit now, but the sale only completes if a satisfactory planning permission is granted. It sets a longstop date, defines what counts as satisfactory and usually says who controls the application. If permission is not granted by the longstop date, either side can normally withdraw without penalty.

Do you work with landowners in Edinburgh & the Lothians?

We do. We work with landowners across Edinburgh & the Lothians, including Musselburgh, Edinburgh and Bathgate. Send us a postcode and we will start with a free, no-obligation appraisal of what the land could take.