Garden plot option agreements in Penzance

An option agreement on your Penzance garden plot gives us the exclusive right to buy it once planning is granted, while you carry on owning and using the land. We do the design and planning work, and the price is normally set by a formula agreed before you sign, with a minimum underneath it.

We cover reasonable legal fees for your own solicitor, with the cap agreed in heads of terms. If Cornwall Council doesn’t grant an acceptable permission within the option period, or we decide not to buy, the option ends and the plot stays yours.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Cornwall Council
Postcodes
TR18, TR20
Noon sun, 21 March
About 40°
Shadow from a 5 m eaves line
About 6.0 m
Planning plan
Local Plan
County
Cornwall

How it plays out in Penzance

Garden plots rarely sit alone. Where several long gardens run side by side, whether in Penzance, in nearby Camborne, Redruth and Falmouth or anywhere else, a scheme across two or three of them can be much stronger than one squeezed into a single plot.

Options are a common way to bring those gardens together. Each owner grants an option on their own land, and an agreement between the owners can share the outcome fairly, even though only one garden provides the access. Cornwall Council would then consider one well-planned scheme instead of several piecemeal ones.

Section showing noon sun and shadows in Penzance: about 40 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 40°, shadow 6.0 m21 Dec, noon: sun 16°, shadow 16.9 mExistingNew home
Noon sun in Penzance on 21 March sits about 40° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.0 m. In December the sun is only about 16° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

From first call to decision

To explore an option on your Penzance garden, send us your address and a few details. We check the title, access and planning background, then call you with an honest view. If an option looks right, heads of terms set out the period, the price formula, the minimum price and the cap on your legal fees, which we cover.

  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. 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.

Worth checking early

  • Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.
  • We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
  • Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.

Your questions, answered for Penzance

Do I still own my garden in Penzance during an option?

Yes. An option is a right to buy, not a sale, so the land stays yours until we exercise the option and the sale completes. You carry on using the garden, and the option is noted on your title so the plot can’t be sold elsewhere while it runs.

What happens to my Penzance plot if the option ends?

It stays yours, and the entry on your title is removed. You’re free to keep, sell or develop the land. If a permission was granted before the option ended, it generally stays with the land, though it will need to be started within its time limit.

Could my neighbours in Penzance be part of the same option scheme?

Yes. Where neighbouring gardens together would make a better scheme, each owner can grant an option on their own land, and an agreement between the owners can share the outcome fairly. It needs careful drafting and everyone’s agreement, and it often produces a scheme Cornwall Council is more likely to approve.

Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Penzance plot?

No. Stamp Duty Land Tax (SDLT) is paid by the buyer of land, so any amount due on completion falls to us. As the seller, you may have Capital Gains Tax to consider, and options have their own rules on timing, so take advice from a tax adviser before signing.

Other options in Penzance

Option agreement near Penzance

Find out what your garden could become

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