Garden plot option agreements in Spennymoor

An option agreement on your Spennymoor 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 Durham County 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
Durham County Council
Postcodes
DL16
Noon sun, 21 March
About 35°
Shadow from a 5 m eaves line
About 7.1 m
Planning plan
Local Plan
County
County Durham

What the council will look at in Spennymoor

When we look at a garden in DL16 for a possible option, we measure the things that create uncertainty: the width and ownership of the access, the distance to neighbouring windows, the trees and their roots, and the levels across the plot. Those findings decide how long the option period needs to be and what the agreement asks of us.

If access depends on a neighbour, the option holds your plot while we negotiate. If Durham County Council is likely to want a revised scheme, the period allows for it.

Section showing noon sun and shadows in Spennymoor: about 35 degrees on 21 March and 12 degrees on 21 December21 m21 Mar, noon: sun 35°, shadow 7.1 m21 Dec, noon: sun 12°, shadow 23.8 mExistingNew home
Noon sun in Spennymoor on 21 March sits about 35° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 7.1 m. In December the sun is only about 12° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

How we’d take it forward in Spennymoor

The first stage, from enquiry to heads of terms, usually takes a few weeks. Agreeing and signing the option itself often takes a few months more, depending on how quickly both solicitors work and whether the title raises questions. The planning work then runs within the option period, at a pace set by surveys, pre-application advice and the decision time at Durham County Council.

  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.

Worth checking early

  • Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.
  • Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.
  • With a market value formula, the final price isn’t known until the option is exercised.

Questions about garden plots in Spennymoor

Will you cover my legal fees on an option in Spennymoor?

Yes. We cover reasonable legal fees for your own solicitor on an option agreement, up to a cap agreed in heads of terms. Choose a solicitor experienced with development land, and agree the cap with us before they begin, so their fees stay within it.

Who decides planning on an option plot in Spennymoor?

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.

Could my neighbours in Spennymoor 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 Durham County Council is more likely to approve.

Do I still own my garden in Spennymoor 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.

Other options in Spennymoor

Option agreement near Spennymoor

Find out what your garden could become

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