Land Option Agreements in Derby
A land option agreement in Derby 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
Land we look at around Derby
Derby is the main town we cover in Derbyshire, centred on postcode district DE1. The nearest other places we cover are Belper (7 miles), Ilkeston (8 miles) and Heanor (8 miles). Derby is in the East Midlands region of England. Derby is about 32 miles from our Great Barr head office in Birmingham.
In and around Derby, the land we appraise ranges from brownfield land in and around Derby to redundant agricultural buildings, including former garage blocks and yards. As Derby is in England, applications are judged against the National Planning Policy Framework, and the buyer of land pays Stamp Duty Land Tax (SDLT).
A postcode and a rough boundary are enough for us to start a free appraisal of land near Derby.
Our approach in Derby
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.
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.
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.
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 in Derby: the English rules
Whether a field or large garden could take homes depends mostly on the council's Local Plan and national policy. Under the National Planning Policy Framework, plans define settlement boundaries, and land just outside Derby may still come forward if it is allocated, previously developed or meets evidenced unmet housing need. Smaller housing schemes can also use Permission in Principle, an England-only route that settles location, use and amount first. Our free appraisal explains which route suits your land.
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.
| Who decides applications | The local planning authority, usually the district, borough, city or unitary council (or a national park authority) |
|---|---|
| In-principle consent | Outline planning permission, with reserved matters approved later |
| Land registration | HM Land Registry |
| Developer contributions | Section 106 planning obligations, plus the Community Infrastructure Levy (CIL) where the council charges it |
Common questions in Derby
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 discount do developers take on a land option?
Options usually include a discount from market value to reflect the developer's cost and risk in securing planning. The level is negotiated case by case and there is no standard figure. Compare it alongside the deductions, minimum price and term, because a modest discount can be undone by wide deductions.
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.
Do you work with landowners in Derby?
We do. We work with landowners in Derby and elsewhere in Derbyshire, including Ripley, Buxton 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: How to sell land for development