Land Option Agreements in Argyll & Bute

Land we look at around Argyll & Bute

Our Argyll & Bute coverage takes in 4 towns and cities, centred on Helensburgh and including Oban, Campbeltown and Dunoon. Neighbouring areas we also cover include Glasgow & the Clyde, Ayrshire and Lanarkshire.

Around Argyll & Bute we look at backland plots with a workable access, redundant agricultural buildings and farmland next to the settlement boundary. In Scotland, where Argyll & Bute sits, planning decisions are made by the council as planning authority (or a national park authority in its area).

A postcode and a rough boundary are enough for us to start a free appraisal of land near Argyll & Bute.

What we offer in Argyll & Bute

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.

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.

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.

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.

Planning in Argyll & Bute: the Scottish rules

In Scotland, planning applications for land around Argyll & Bute 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, 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 Argyll & Bute
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

Common questions in Argyll & Bute

How does an option agreement work for land?

The landowner grants a developer the exclusive right to buy the land within a set term. The developer spends its own money seeking planning permission. If suitable permission is granted, the developer serves notice and buys at a price worked out under a formula in the agreement, usually market value less a discount and agreed costs.

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.

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.

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.

Do you buy land in Argyll & Bute?

Yes. Land to Homes looks at land across Argyll & Bute, including Oban, Helensburgh and Dunoon. Every enquiry starts with a free site appraisal, and on option and promotion agreements we pay your reasonable legal fees.