- Planning authority
- Brighton and Hove City Council
- Postcodes
- BN1, BN2
- Noon sun, 21 March
- About 39°
- Shadow from a 5 m eaves line
- About 6.1 m
- Planning plan
- Local Plan
- County
- East Sussex
Brighton: light, access and policy
Any option agreement on a Brighton garden is shaped by the council’s Local Plan. If Brighton and Hove City 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 Brighton
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 Brighton and Hove City Council.
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.
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.
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
- 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.
- Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
Brighton: questions to ask
Is an option better than selling my Brighton 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.
Who decides planning on an option plot in Brighton?
The decision belongs to Brighton and Hove City 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.
How long would an option on my Brighton 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.
What happens to my Brighton 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 Brighton
- Build a home for family in your garden
- Sell subject to planning
- Planning promotion for your garden plot
- Large rear gardens
- Plot feasibility and design
- Build a new home in your garden