- Planning authority
- Durham County Council
- Postcodes
- DH1
- Noon sun, 21 March
- About 35°
- Shadow from a 5 m eaves line
- About 7.1 m
- Planning plan
- Local Plan
- County
- County Durham
Durham: light, access and policy
Any option agreement on a Durham garden is shaped by the council’s Local Plan. If Durham County Council’s current policies clearly support a new home on your plot, an option probably isn’t needed and a simpler route will serve you better. Where the policy position is balanced, or a review of the plan is under way, an option gives time for the planning case to be made properly. We read the relevant policies and recent decisions on similar plots before suggesting an option, and we explain what we found.
What happens next in Durham
Here is what happens in Durham. A conversation first, then a desk check, then a visit if the plot looks promising. We put proposed terms in writing, without obligation, and you take advice on them with your legal fees covered within the agreed cap. Nothing is binding until you sign the option agreement itself, and the appraisal costs nothing.
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.
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.
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.
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
- We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
- Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.
- Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.
Your questions, answered for Durham
Do I still own my garden in Durham 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.
How long would an option on my Durham garden last?
The period is agreed at the start and should match the planning task: long enough for surveys, an application and, where sensible, a revised scheme or appeal, but no longer. On a single garden it is usually much shorter than on farmland. Any extension should be tied to specific events.
Who decides planning on an option plot in Durham?
The decision belongs to Durham County Council, which will weigh the scheme against the council’s Local Plan and the National Planning Policy Framework (NPPF). Our job during the option period is to put in the strongest application the plot allows and answer the council’s questions. The agreement sets out what happens if permission is refused.
Is an option better than selling my Durham garden plot outright?
Not always. An outright sale is quicker and certain once contracts are exchanged. An option suits plots where planning is uncertain or more land is needed, because it gives us time without forcing a guess at the price. Our free appraisal compares the routes for your plot.
Other options in Durham
- Tandem and landlocked plots
- Joint venture on your garden plot
- Sell part of your garden
- Build a home for family in your garden
- Sell subject to planning
- Build a new home in your garden