Land Option Agreements in Perth & Kinross
Options suit landowners in Perth & Kinross 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.
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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
Our coverage in Perth & Kinross
We cover 3 places across Perth & Kinross: Perth is the main one, alongside Crieff and Blairgowrie. Neighbouring areas we also cover include Fife, Forth Valley and Angus & Dundee.
Sites worth a conversation around Perth & Kinross: farmland next to the settlement boundary, land that already has planning permission and fields put forward or allocated in the local plan. Planning in Perth & Kinross follows Scotland’s rules: National Planning Framework 4 sets national policy and the council’s Local Development Plan sets local policy.
If you own land near Perth & Kinross, the first step is a free, no-obligation appraisal.
Our approach in Perth & Kinross
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.
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.
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.
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.
How the rules work in Perth & Kinross
Land sales in Scotland are concluded through missives, an exchange of formal letters between solicitors. Once missives are concluded they form a binding contract, and the buyer takes entry at settlement, then registers the title with Registers of Scotland. For land near Perth & Kinross, missives can be made conditional on planning permission in principle, so the sale only proceeds if consent is secured. The buyer pays Land and Buildings Transaction Tax to Revenue Scotland.
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 Perth & Kinross: questions
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.
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 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.
Do you buy land in Perth & Kinross?
Yes. Land to Homes looks at land across Perth & Kinross, including Perth, Crieff and Blairgowrie. Every enquiry starts with a free site appraisal, and on option and promotion agreements we pay your reasonable legal fees.
Read more: Land Option Agreements · Guide: How to sell land for development