Garden plot option agreements in Hastings

A Hastings 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
Hastings Borough Council
Postcodes
TN34, TN37, TN38
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
East Sussex

Hastings: light, access and policy

Light can decide the size of the scheme an option leads to. Take the figures for Hastings: a midday sun of about 39° in late March means a wall rising 5 m to the eaves shades roughly 6.1 m of ground behind it, and with the December sun near 16°, that shade grows considerably.

Those figures help explain why a plot that could take two homes in one layout might take only one in another. Under a price formula, that difference flows through to the price, which is one reason options suit plots where the outcome is open.

Section showing noon sun and shadows in Hastings: 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 17.8 mExistingNew home
This section is worked out for the latitude of Hastings: 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.

What happens next in Hastings

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 Hastings Borough 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. 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.

  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

  • 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.
  • Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.

Your questions, answered for Hastings

Is an option better than selling my Hastings 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 pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Hastings 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.

What happens to my Hastings 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.

Could my neighbours in Hastings 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 Hastings Borough Council is more likely to approve.

Other options in Hastings

Option agreement near Hastings

Find out what your garden could become

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