Garden plot option agreements in Cornwall

Before suggesting an option anywhere in Cornwall, we ask a simple question: what would time change? If the answer is nothing, because the plot is clear and the scheme obvious, an outright sale or a sale subject to planning is usually better for you. If the answer is a neighbour’s land, a policy review or a second attempt at planning, an option starts to make sense.

That judgement comes out of our free garden plot appraisal, which checks the title, access and planning history and costs you nothing.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Nation
England
National planning policy
NPPF
Planning authorities
1
City
Truro

How councils in Cornwall look at it

Local plans change over time. Councils in Cornwall review their policies, and a review can alter settlement boundaries, allocate sites or adopt new guidance on garden development. An option gives time to work with that cycle rather than against it, which is one reason options are used where the current policy position under the council’s Local Plan is finely balanced. It isn’t a reason to sign a long option on a simple plot, though. The period should match the planning task, and the agreement should say what we must do within it.

Planning authorities covering Cornwall include Cornwall Council.

How it works

  1. Free plot appraisal

    We look at your title, the access, the planning history and the policies that apply, then tell you honestly whether an option, an outright sale or a conditional contract fits your plot best. It costs you nothing.

  2. Heads of terms

    We set out the option period, the price formula and minimum price, any option fee, our planning obligations and the cap on your reasonable legal fees, which we cover. Nothing is binding at this stage.

  3. Sign the option

    Your solicitor and ours agree the option agreement and the plan of the plot. Once it is signed, the option is noted on your title, and you carry on living in your house and using the garden as normal.

  4. Planning work

    We commission surveys, design the scheme and apply for planning, keeping you updated and showing you the drawings before submission. The council decides; if it refuses, the agreement sets out whether we revise, reapply or appeal.

  5. Exercise or lapse

    If an acceptable permission is granted, we serve notice, the price is fixed by the formula and the sale completes in the agreed time. If not, the option lapses, the entry comes off your title and the land stays yours.

Option agreement in towns across Cornwall

Questions about option agreement in Cornwall

Are my legal fees covered on an option in Cornwall?

Yes. We cover reasonable legal fees for your solicitor on an option agreement, up to a cap agreed in heads of terms. That lets you take proper independent advice on the agreement, which you should always do before granting an option over any part of your land.

What is the difference between an option and a conditional contract in Cornwall?

Under a conditional contract, both sides are bound from exchange and the sale completes if a satisfactory permission is granted. Under an option, you are bound to sell if we choose to buy, but we aren’t obliged to. Options suit less certain plots; conditional contracts suit clearer ones.

Which councils decide planning on option plots in Cornwall?

It depends on where the plot sits. Applications in Cornwall go to the council for the address, among them Cornwall Council, and each works to its own Local Plan and the NPPF. During the option period, we submit the application to whichever authority covers your garden and deal with its questions.

How long does planning take for a garden plot in Cornwall?

The council usually has eight weeks from validation to decide a small application, though extensions are often agreed, and the whole process takes longer. Surveys, design work, pre-application advice and amendments all add time, and some ecology surveys can only be done at certain times of year. We’ll give you a realistic timetable for your plot rather than a promise.

Other options in Cornwall

Everything we cover in Cornwall

Find out what your garden could become

Free garden plot appraisal. No cost, no obligation, and a straight answer if it won’t work.