Garden plot option agreements in Christchurch

A Christchurch homeowner considering an option usually wants to know three things: how long the land will be tied up, how the price will be worked out, and what happens if planning fails. The agreement answers all three in writing.

The option period is fixed at the start, with any extensions tied to specific events. The price follows a formula with a minimum. And if no acceptable permission is granted, or we don’t exercise the option, it simply ends and the land remains yours, free of our entry on the title. You can then keep the plot, sell it or try another route.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
BCP Council
Postcodes
BH23
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
Dorset

What the council will look at in Christchurch

When we look at a garden in BH23 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 BCP Council is likely to want a revised scheme, the period allows for it.

Section showing noon sun and shadows in Christchurch: about 39 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.1 m21 Dec, noon: sun 16°, shadow 17.6 mExistingNew home
This section is worked out for the latitude of Christchurch: around 39° of sun at midday in late March and about 16° 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.

From first call to decision

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 BCP 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

  • 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.
  • We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.

Your questions, answered for Christchurch

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

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.

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

Could my neighbours in Christchurch 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 BCP Council is more likely to approve.

What happens to my Christchurch 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.

Other options in Christchurch

Option agreement near Christchurch

Find out what your garden could become

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