Land Option Agreements in Cardiff
Think of an option on land in Cardiff 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.
Cardiff · CF5Free 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 Cardiff
Cardiff is the main town we cover in South Glamorgan, centred on postcode district CF5. Nearby, we also cover Penarth, Caerphilly and Barry, all within 7 miles.
In and around Cardiff, the land we appraise ranges from redundant agricultural buildings to land behind street frontages, including former garage blocks and yards. Planning in Cardiff follows Wales’s rules: Planning Policy Wales sets national policy and the council’s Local Development Plan sets local policy.
Send us a postcode in or near CF5 and we will start with a free desktop appraisal.
What you get in Cardiff
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.
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.
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.
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.
The Welsh system, as it applies in Cardiff
Permission in Principle is not available in Wales, so the usual first step for land near Cardiff is an outline planning application, with reserved matters to follow, or a full application. Councils allocate housing sites through their Local Development Plan, and landowners can put land forward as a candidate site when a plan is prepared or reviewed. If your land is not allocated, an option or promotion agreement lets a partner take on the cost of promoting it.
In Wales, options are protected at HM Land Registry, as in England. The price formula should allow for the cost of sustainable drainage approved by the SuDS approving body, any Section 106 obligations and local affordable housing policy. Where land needs allocating, the option term should cover the Local Development Plan review timetable.
| Who decides applications | The local planning authority, usually the county or county borough council (or a national park authority) |
|---|---|
| Land registration | HM Land Registry |
| How a sale becomes binding | As in England, a land sale becomes legally binding on exchange of contracts and finishes on completion, with the title registered at HM Land Registry. |
| Developer contributions | Section 106 planning obligations, plus the Community Infrastructure Levy (CIL) where the council has adopted it |
Questions about Land Option Agreements in Cardiff
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.
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.
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.
Do you buy land in Cardiff?
Yes. Land to Homes looks at land in Cardiff and elsewhere in South Glamorgan, including Barry and Penarth. 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: Section 106 and affordable housing: what landowners should know