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For landowners · England

Land Option Agreements in Derbyshire

How does a land option agreement work in Derbyshire?

A land option agreement in Derbyshire 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.

Landowner and surveyor at a wooden field gate looking over a paddock behind town gardensDerbyshire

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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 Derbyshire

Across Derbyshire, we cover Derby and 11 other towns, among them Ilkeston, Long Eaton and Alfreton. If your land is near a boundary, we also cover Nottinghamshire, Staffordshire and South Yorkshire. Our Great Barr head office in Birmingham is about 41 miles from the middle of Derbyshire.

Typical sites we review near Derbyshire include redundant agricultural buildings, land behind street frontages and small holdings and pony paddocks. Planning in Derbyshire follows England’s rules: the National Planning Policy Framework sets national policy and the council’s Local Plan sets local policy.

Send us a postcode in or near DE1 and we will start with a free desktop appraisal.

What we offer in Derbyshire

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.

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.

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.

Rules that apply in Derbyshire

If your land near Derbyshire lies in the Green Belt, national policy still protects it, but England's planning framework now recognises grey belt: Green Belt land that is previously developed or does not strongly contribute to certain Green Belt purposes. Where there is evidenced unmet need and the location is sustainable, grey belt housing can be acceptable, with major schemes meeting the Golden Rules on affordable housing, infrastructure and green space. Planning is never guaranteed, so we check policy, access and constraints first.

In England, an option is usually protected by a notice on your title at HM Land Registry. Planning is pursued through the Local Plan or an application judged against the NPPF, and price deductions often cover Section 106 obligations, the Community Infrastructure Levy and, where it applies, the cost of meeting biodiversity net gain.

Key rules in Derbyshire
National planning policyNational Planning Policy Framework (NPPF), revised August 2026, with national planning practice guidance
Local planning documentLocal Plan
Who decides applicationsThe local planning authority, usually the district, borough, city or unitary council (or a national park authority)
In-principle consentOutline planning permission, with reserved matters approved later
Land transaction tax (paid by the buyer)Stamp Duty Land Tax (SDLT)
Land registrationHM Land Registry
How a sale becomes bindingA land sale becomes legally binding on exchange of contracts and finishes on completion, after which the buyer registers the title with HM Land Registry.
Developer contributionsSection 106 planning obligations, plus the Community Infrastructure Levy (CIL) where the council charges it

Land Option Agreements in Derbyshire: questions

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.

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 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 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.

Do you work with landowners in Derbyshire?

We do. We work with landowners across Derbyshire, including Belper, Alfreton and Swadlincote. Send us a postcode and we will start with a free, no-obligation appraisal of what the land could take.

Read more: Land Option Agreements · Guide: Tax when selling land for development

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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