Garden plot option agreements in Devon

Owners in Devon sometimes hear about option agreements from farmland deals and wonder whether the same idea fits a back garden. It can, on a smaller scale. The principle is identical: you grant an exclusive right to buy, the buyer invests in planning, and the price follows the permission.

What changes on a garden is the detail. The period is usually shorter, the scheme smaller, and the effect on your own home much closer to hand. We tailor the agreement to that, including protections for the house you will carry on living in.

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
10
City
Exeter

Before you start in Devon

On a larger garden, the planning outcome can range from one home to several, and fixing a single price in advance would be a guess. Councils in Devon weigh density against the character of the street, garden sizes, parking and biodiversity net gain rules, and the answer often emerges only through pre-application advice or the application itself. A price formula linked to the permission actually granted, with a minimum underneath, shares that uncertainty fairly. It is the main reason options suit bigger plots more than small ones.

Planning authorities covering Devon include East Devon District Council, Exeter City Council, Mid Devon District Council, North Devon Council, Plymouth City Council, South Hams District Council, Teignbridge District Council, Torbay Council, Torridge District Council, West Devon Borough 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 Devon

Questions about option agreement in Devon

Are my legal fees covered on an option in Devon?

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.

How is the price set under a garden plot option in Devon?

Usually by a formula based on the market value of the plot with the permission actually granted, less deductions agreed at the start, with a minimum price underneath. Some options use a fixed price instead. Either way, the method is written into heads of terms before anything is signed.

Which councils decide planning on option plots in Devon?

It depends on where the plot sits. Applications in Devon go to the council for the address, among them East Devon District Council, Exeter City Council, Mid Devon District Council, North Devon Council, Plymouth City Council and other councils, 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.

Which national rules apply to a new home in Devon?

Garden schemes here sit under the National Planning Policy Framework (NPPF), with the local detail coming from the council’s Local Plan. New homes must also meet the Building Regulations. That affects things such as fire engine access (or other measures, often sprinklers, agreed with building control and the fire service where a fire engine can’t get close enough). On drainage you’ll usually need a drainage plan the council will want to see, and land purchases fall under Stamp Duty Land Tax (SDLT). We check which rules apply to your plot as part of the free appraisal.

Other options in Devon

Everything we cover in Devon

Find out what your garden could become

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