Land Option Agreements in Brentwood
Options suit landowners in Brentwood whose land needs planning before it is worth building on. The terms that matter are the length of the option, any premium paid on signing, how market value is set, what may be deducted and the longstop date. Land to Homes explains each one in plain English before your solicitor sees a draft.
Brentwood · CM14Free 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 Brentwood
In Essex, Brentwood lies about 18 miles west of Southend-on-Sea; its central postcode district is CM14. If your land sits between towns, Billericay, Hornchurch and Romford are the closest neighbouring places on our list. Brentwood is in the East of England region of England.
In and around Brentwood, the land we appraise ranges from redundant commercial buildings to brownfield land in and around Brentwood, including infill gaps along existing streets. Planning in Brentwood 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 CM14 and we will start with a free desktop appraisal.
Our approach in Brentwood
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.
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.
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 Brentwood
Land with no planning permission can still be sold. Around Brentwood, the usual routes in England are a direct sale, an option agreement or a promotion agreement, where the planning work is funded for you and the land is sold once consent is granted. Outline planning permission settles the principle, with reserved matters approved later. Section 106 obligations, the Community Infrastructure Levy where charged and biodiversity net gain all affect what a site is worth, so independent advice matters.
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.
| Local planning document | Local Plan |
|---|---|
| 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 transaction tax (paid by the buyer) | Stamp Duty Land Tax (SDLT) |
Common questions in Brentwood
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 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.
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.
Do you work with landowners in Brentwood?
We do. We work with landowners in Brentwood and elsewhere in Essex, including Chelmsford, South Benfleet and Wickford. 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: Section 106 and affordable housing: what landowners should know