Garden plot option agreements in Kendal

Choosing between an option, an outright sale and a sale subject to planning on a Kendal garden comes down to certainty and time. An outright sale is quickest. A conditional contract binds both sides from exchange. An option gives us the right but not the duty to buy, which is why it suits plots where planning is genuinely uncertain.

Our free appraisal compares the routes for your plot specifically, looking at access, the title and the planning history of your street. If an option isn’t the best fit, we’ll say so, and explain which route would serve you better and why.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Westmorland and Furness Council
Postcodes
LA8, LA9
Noon sun, 21 March
About 36°
Shadow from a 5 m eaves line
About 7.0 m
Planning plan
Local Plan
County
Cumbria

Before you decide in Kendal

Garden plots rarely sit alone. Where several long gardens run side by side, whether in Kendal, in nearby Windermere, Ulverston and Dalton-in-Furness 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. Westmorland and Furness Council would then consider one well-planned scheme instead of several piecemeal ones.

Section showing noon sun and shadows in Kendal: about 36 degrees on 21 March and 12 degrees on 21 December21 m21 Mar, noon: sun 36°, shadow 7.0 m21 Dec, noon: sun 12°, shadow 23.1 mExistingNew home
This section is worked out for the latitude of Kendal: around 36° of sun at midday in late March and about 12° at midwinter. It shows why the gap between your house and a new home behind it is about light as well as privacy. Garden assumed to face north.

What happens next in Kendal

After your enquiry, we carry out the free appraisal and compare an option with an outright sale and a conditional contract for your plot. If you choose the option, your solicitor reviews the agreement before signing, and once it is in place we start the planning work, share the drawings before submission and keep you updated.

  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

  • With a market value formula, the final price isn’t known until the option is exercised.
  • 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 questions, answered for Kendal

Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Kendal 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.

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

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.

Is an option better than selling my Kendal 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.

Do I still own my garden in Kendal 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 Kendal

Option agreement near Kendal

Find out what your garden could become

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