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- Gloucester
What to know in Gloucestershire
Access is often the reason an option is needed. A garden in Gloucestershire might have plenty of space but no workable way in, unless a neighbour sells a strip or grants a right of way. Negotiating that can take months, and a ransom strip owner can ask for payment. An option holds the plot while we try, and if access can’t be secured, the option ends and you keep your land. Width matters as well as ownership, since the route has to work for cars and bins, and the new home would also need 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).
Planning authorities covering Gloucestershire include Cheltenham Borough Council, Cotswold District Council, Forest of Dean District Council, Gloucester City Council, South Gloucestershire Council, Stroud District Council, Tewkesbury Borough Council.
How it works
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.
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.
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.
Option agreement in towns across Gloucestershire
Questions about option agreement in Gloucestershire
How is the price set under a garden plot option in Gloucestershire?
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.
What is the difference between an option and a conditional contract in Gloucestershire?
Under a conditional contract, both sides are bound from exchange and the sale completes if a satisfactory permission is granted. Under an option, you are bound to sell if we choose to buy, but we aren’t obliged to. Options suit less certain plots; conditional contracts suit clearer ones.
Can I sell my house in Gloucestershire while an option runs on the garden?
Yes, but the option stays attached to the land it covers, and your buyer’s solicitor will see it on the title. Tell us early so the two can be handled together. The order of events can also affect Capital Gains Tax, so take advice from a tax adviser.
Can neighbours in Gloucestershire combine their gardens?
Yes. Putting two or more adjoining back gardens together can allow one shared access and a better layout than separate plots. Each owner keeps their house. The owners usually sign a collaboration agreement, with an equalisation clause so that value is shared fairly even though only one garden provides the access. Each household should take its own legal advice.