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Land Option Agreements in Angus & Dundee

How does a land option agreement work in Angus & Dundee?

A land option agreement in Angus & Dundee 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.

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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

Selling land around Angus & Dundee

Our Angus & Dundee coverage takes in 4 towns and cities, centred on Dundee and including Forfar, Arbroath and Montrose. If your land is near a boundary, we also cover Perth & Kinross, Fife and Edinburgh & the Lothians.

In and around Angus & Dundee, the land we appraise ranges from land that already has planning permission to brownfield land in and around Dundee, including paddocks on the edge of Dundee. As Angus & Dundee is in Scotland, applications are judged against National Planning Framework 4, and the buyer of land pays Land and Buildings Transaction Tax (LBTT).

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

What we offer in Angus & Dundee

Option premium on signing

Many options include a payment when the agreement is signed, in return for tying up the land. Whether it is deducted from the final price is a point to settle in the heads of terms.

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.

Deductions agreed in advance

Costs such as planning obligations, abnormal ground works or infrastructure are often deducted from the price. The agreement should list exactly what can be deducted, so the price cannot be eroded later.

Right to buy, not obligation

The developer may buy if suitable planning is granted, but does not have to. You are bound not to sell elsewhere during the term, which is why its length and exit points matter so much.

Planning and land rules in Angus & Dundee

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 Angus & Dundee, 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, 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 Angus & Dundee
National planning policyNational Planning Framework 4 (NPF4), which forms part of the statutory development plan
Local planning documentLocal Development Plan (LDP)
Who decides applicationsThe council as planning authority (or a national park authority in its area)
In-principle consentPlanning 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 registrationRegisters of Scotland (Land Register of Scotland)
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.
Developer contributionsSection 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments

Land Option Agreements in Angus & Dundee: questions

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 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.

Is an option payment taxable?

It can be. Receiving an option payment can have tax consequences when you receive it, not only when the land is finally sold, and the later sale may be looked at together with it. The position depends on your circumstances, so speak to an accountant before you sign.

Can I sell my land while it is under option?

Not without dealing with the option first. The developer's rights are normally protected against your title, so a buyer would take the land subject to them. Selling to the option holder or negotiating a release are the usual routes. Your solicitor will explain the effect where your land is.

Is Angus & Dundee an area you cover for land?

Yes, we cover land across Angus & Dundee, including Arbroath, Dundee and Montrose. 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.

Read more: Land Option Agreements · Guide: Ransom strips and access: what landowners need to know

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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