Land Option Agreements in Herne Bay
A land option agreement in Herne Bay 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
Selling land around Herne Bay
In Kent, Herne Bay lies about 27 miles east of Maidstone; its central postcode district is CT6. Nearby, we also cover Whitstable, Canterbury and Faversham, all within 11 miles. Herne Bay is part of England’s South East region.
Around Herne Bay we look at redundant commercial buildings, land that already has planning permission and farmland next to the settlement boundary. As Herne Bay is in England, applications are judged against the National Planning Policy Framework, and the buyer of land pays Stamp Duty Land Tax (SDLT).
Tell us where your land is around Herne Bay and we will explain the routes open to you.
What we offer in Herne Bay
Longstop dates and extensions
The option usually ends on a fixed date, sometimes with an extension if an application or appeal is still running. Clear limits stop your land being tied up for longer than you agreed.
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 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.
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 Herne Bay
If your land near Herne Bay 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.
| National planning policy | National Planning Policy Framework (NPPF), revised August 2026, with national planning practice guidance |
|---|---|
| Local planning document | Local Plan |
| Land registration | HM Land Registry |
| Developer contributions | Section 106 planning obligations, plus the Community Infrastructure Levy (CIL) where the council charges it |
Questions about Land Option Agreements in Herne Bay
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.
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.
Can I sell my land while it is under option?
Not without dealing with the option first. The developer's rights are normally protected against your title, so a buyer would take the land subject to them. Selling to the option holder or negotiating a release are the usual routes. Your solicitor will explain the effect where your land is.
Is Herne Bay an area you cover for land?
Yes, we cover land in Herne Bay and elsewhere in Kent, including Faversham, Deal and Ashford (Kent). 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