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For landowners · Merseyside

Land Option Agreements in Kirkby

How does a land option agreement work in Kirkby?

Think of an option on land in Kirkby 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.

Ripe wheat field edge with a village church tower and rooftops beyond the hedgeKirkby · L32

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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 and sites near Kirkby

About 6 miles north-east of Liverpool, Kirkby is part of our Merseyside coverage, centred on postcode district L32. Close by, our coverage also takes in Maghull, Litherland and Prescot. Kirkby is part of England’s North West region.

Around Kirkby we look at brownfield land in and around Kirkby, former garage blocks and yards and small holdings and pony paddocks. Planning in Kirkby follows England’s rules: the National Planning Policy Framework sets national policy and the council’s Local Plan sets local policy.

If you own land near Kirkby, the first step is a free, no-obligation appraisal.

Why work with Land to Homes in Kirkby

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.

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.

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.

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.

How the rules work in Kirkby

Selling development land in Kirkby usually starts with heads of terms, a short written summary of price, conditions and fees, before solicitors draft the contract. In England the sale becomes binding on exchange of contracts and finishes on completion, with the title then registered at HM Land Registry. The buyer normally pays Stamp Duty Land Tax. On option and promotion agreements with Land to Homes, your reasonable legal fees are covered, with the amount agreed in the heads of terms.

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 Kirkby
National planning policyNational Planning Policy Framework (NPPF), revised August 2026, with national planning practice guidance
Local planning documentLocal Plan
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.

Common questions in Kirkby

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.

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.

Do you work with landowners in Kirkby?

We do. We work with landowners in Kirkby and elsewhere in Merseyside, including Maghull, Newton-le-Willows and St Helens. 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

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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