Land Option Agreements in Highlands & Islands
Think of an option on land in Highlands & Islands 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.
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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 Highlands & Islands
Our Highlands & Islands coverage takes in 6 towns and cities, centred on Inverness and including Fort William, Kirkwall and Lerwick. Neighbouring areas we also cover include Moray, Aberdeen & Aberdeenshire and Angus & Dundee.
Sites worth a conversation around Highlands & Islands: land that already has planning permission, paddocks on the edge of Inverness and former garage blocks and yards. Planning in Highlands & Islands follows Scotland’s rules: National Planning Framework 4 sets national policy and the council’s Local Development Plan sets local policy.
Tell us where your land is around Highlands & Islands and we will explain the routes open to you.
Why work with Land to Homes in Highlands & Islands
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.
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.
How the rules work in Highlands & Islands
If you own land on the edge of Highlands & Islands, its prospects in Scotland depend largely on the Local Development Plan, which allocates sites for housing, and on NPF4 policies such as those on local living, infrastructure and quality homes. An option or promotion agreement lets a partner fund the planning case while you keep ownership until a sale. With Land to Homes, your reasonable legal fees on these agreements are covered, with the amount agreed in the heads of terms.
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.
| 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 |
Land Option Agreements in Highlands & Islands: questions
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.
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.
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 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.
Is Highlands & Islands an area you cover for land?
Yes, we cover land across Highlands & Islands, including Kirkwall, Fort William and Lerwick. Where a site suits us we can buy it directly, or set up an option or promotion agreement. On promotion there is nothing to pay upfront.
Read more: Land Option Agreements · Guide: Who pays for land promotion? Fees, costs and legal fees explained