Garden plot option agreements in Witham

Options are used on land of all sizes, from farmland to single back gardens. On a garden plot in Witham, the same principle applies on a smaller scale: you keep the land, we seek planning, and the sale only happens if we choose to buy once a permission we can work with is granted.

Backland Development is new, part of the S&K Group, and we’d rather be judged on the agreement in front of you than on any history. That means clear terms, your reasonable legal fees covered within an agreed cap, and an honest view on whether an option suits your plot at all.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Braintree District Council
Postcodes
CM8
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.4 m
Planning plan
Local Plan
County
Essex

The local picture in Witham

Light can decide the size of the scheme an option leads to. Take the figures for Witham: a midday sun of about 38° in late March means a wall rising 5 m to the eaves shades roughly 6.4 m of ground behind it, and with the December sun near 15°, 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 Witham: about 38 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.4 m21 Dec, noon: sun 15°, shadow 19.0 mExistingNew home
Noon sun in Witham on 21 March sits about 38° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.4 m. In December the sun is only about 15° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

From first call to decision

To explore an option on your Witham garden, send us your address and a few details. We check the title, access and planning background, then call you with an honest view. If an option looks right, heads of terms set out the period, the price formula, the minimum price and the cap on your legal fees, which we cover.

  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

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

Your questions, answered for Witham

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

Is an option better than selling my Witham 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 Witham?

The decision belongs to Braintree District 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.

What happens to my Witham 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 Witham

Option agreement near Witham

Find out what your garden could become

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