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For landowners · Aberdeen & Aberdeenshire

Land Option Agreements in Aberdeen

How does a land option agreement work in Aberdeen?

A land option agreement in Aberdeen gives a developer the right, but not the obligation, to buy your land within a fixed period, normally once planning permission is granted. The developer pays for the planning work. When the option is exercised, the price is usually market value with that permission, less an agreed discount and agreed costs.

Farmer and adviser at a farmhouse kitchen table reviewing a printed site planAberdeen · AB10

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  • Legal fees coveredReasonable fees, on options and promotion
  • Nothing to pay upfrontOn promotion: we fund planning
  • Direct purchaseSuitable sites, with or without planning
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Land and sites near Aberdeen

Aberdeen (AB10) is the hub of our Aberdeen & Aberdeenshire coverage, with 4 further towns covered. If your land sits between towns, Stonehaven, Inverurie and Peterhead are the closest neighbouring places on our list.

In and around Aberdeen, the land we appraise ranges from corner plots and side gardens to brownfield land in and around Aberdeen, including redundant agricultural buildings. Because Aberdeen is in Scotland, land titles are registered with Registers of Scotland (Land Register of Scotland) and transfers attract Land and Buildings Transaction Tax (LBTT).

Send us a postcode in or near AB10 and we will start with a free desktop appraisal.

What we offer in Aberdeen

Longstop dates and extensions

The option usually ends on a fixed date, sometimes with an extension if an application or appeal is still running. Clear limits stop your land being tied up for longer than you agreed.

Price set by valuation

The purchase price is usually market value with planning, agreed between the parties or set by an independent surveyor, less a negotiated discount. A minimum price clause can put a floor under the figure.

Your legal fees paid

On option agreements we pay your reasonable legal fees, with the amount agreed up front in the heads of terms, so you can instruct your own solicitor to review every clause.

Keep using your land

You normally stay in possession during the option. Farming, grazing or existing lettings can usually continue, subject to access for surveys and limits on granting new long-term tenancies.

Planning and land rules in Aberdeen

Scottish land deals differ from the rest of the UK in a few ways: contracts are concluded by missives, consent in principle is called planning permission in principle, and developer contributions use Section 75 agreements. Land to Homes works within those rules around Aberdeen, whether buying a suitable site directly with no onward chain, subject to survey, title and contract, or promoting it through planning with nothing to pay upfront. Planning permission is never guaranteed, so we explain the risks plainly.

In Scotland, an option is a personal contract and cannot be registered as a right in the land itself. Developers usually protect their position with a standard security registered with Registers of Scotland. When the option is exercised, the sale is concluded by missives and the buyer pays Land and Buildings Transaction Tax.

Key rules in Aberdeen
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)
How a sale becomes bindingLand 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.

Your questions answered for Aberdeen

What is an option premium?

It is a payment a developer may make when the option is signed, in return for exclusive rights over the land. The amount varies widely from site to site and is negotiated. Some agreements deduct it from the final purchase price, while others do not, so the heads of terms should say which applies.

What is the difference between an option and a promotion agreement?

Under an option, the developer buys the land itself at a formula price, so it benefits from a lower valuation. Under a promotion agreement, the promoter sells the land on the open market with you and takes a fee from the proceeds, so both sides want the highest price. Our guide compares the two in detail.

What happens if planning is refused during an option?

The developer can usually appeal, submit a revised scheme or wait for a new local plan, as long as the option term allows. If no suitable permission is secured by the end date, the option lapses and you are free to deal with the land again, normally keeping any premium already paid.

How long do land option agreements last?

The term is negotiated and depends on how much planning work is needed. Strategic sites waiting for a new local plan usually need longer terms than small sites with clear policy support. Look for a firm longstop date and sensible limits on any extensions, so the land cannot be tied up indefinitely.

Do you buy land in Aberdeen?

Yes. Land to Homes looks at land in Aberdeen and elsewhere in Aberdeen & Aberdeenshire, including Peterhead, Stonehaven and Fraserburgh. Every enquiry starts with a free site appraisal, and on option and promotion agreements we pay your reasonable legal fees.

Read more: Land Option Agreements · Guide: Section 106 and affordable housing: what landowners should know

Land Option Agreements elsewhere in Aberdeen & Aberdeenshire

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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