Land Option Agreements in Derry/Londonderry
Think of an option on land in Derry/Londonderry as a reservation with conditions attached. You agree not to sell to anyone else for a set term. In return, Land to Homes funds the planning work and pays your reasonable legal fees, agreed up front in the heads of terms. If permission is granted, we can buy at the formula price you agreed.
Derry/Londonderry · BT48Free site appraisal
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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 Derry/Londonderry
Derry/Londonderry is the main town we cover in County Londonderry, centred on postcode district BT48. Close by, our coverage also takes in Strabane, Limavady and Coleraine.
Sites worth a conversation around Derry/Londonderry: backland plots with a workable access, land that already has planning permission and paddocks on the edge of Derry/Londonderry. In Northern Ireland, where Derry/Londonderry sits, planning decisions are made by the 11 district councils, with the Department for Infrastructure deciding regionally significant applications.
Tell us where your land is around Derry/Londonderry and we will explain the routes open to you.
What we offer in Derry/Londonderry
Planning funded by us
We commission the surveys, design work and planning application at our own cost, and keep you informed at each stage so you know how the planning case is progressing.
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.
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.
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 in Derry/Londonderry: the Northern Irish rules
In Northern Ireland, planning applications for new homes around Derry/Londonderry are decided by the local district council, one of 11, while the Department for Infrastructure decides regionally significant schemes. Councils apply the Strategic Planning Policy Statement and their Local Development Plan, together with retained planning policy statements until their Plan Strategy is adopted. Land to Homes offers a free site appraisal and can buy suitable land directly or promote it through planning.
In Northern Ireland, the option term should reflect where the council has reached in preparing its local development plan, since land is zoned for housing at the local policies plan stage. Price deductions may include Section 76 planning agreement obligations and road works required by DfI Roads. Stamp Duty Land Tax applies on the eventual purchase.
| National planning policy | Strategic Planning Policy Statement (SPPS, Edition 2), applied with retained Planning Policy Statements until each council adopts its Plan Strategy |
|---|---|
| In-principle consent | Outline planning permission, with reserved matters approved later |
| Land registration | Land & Property Services (Land Registry and Registry of Deeds) |
| How a sale becomes binding | A land sale becomes legally binding when contracts signed by both parties are exchanged and finishes on completion, with the title registered in the Land Registry at Land & Property Services. |
Land Option Agreements in Derry/Londonderry: questions
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 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.
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.
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 Derry/Londonderry?
Yes. Land to Homes looks at land in Derry/Londonderry and elsewhere in County Londonderry, including Limavady, Coleraine and Magherafelt. 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