Garden plot option agreements in Ashton-in-Makerfield

Some garden plots in Ashton-in-Makerfield need more than one owner’s land to work well. If your garden is a little narrow, or the best access runs across a neighbour’s drive, an option on your plot holds it while the rest is pieced together. Each owner can grant a separate option, linked so that the scheme moves forward as one.

That takes patience and careful drafting, and every owner needs independent advice. It can also produce a scheme Wigan Council is far more likely to approve than one squeezed onto a single garden, with one shared access instead of several awkward ones.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Wigan Council
Postcodes
WN4
Noon sun, 21 March
About 37°
Shadow from a 5 m eaves line
About 6.8 m
Planning plan
Local Plan
County
Greater Manchester

Before you decide in Ashton-in-Makerfield

When we look at a garden in WN4 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 Wigan Council is likely to want a revised scheme, the period allows for it.

Section showing noon sun and shadows in Ashton-in-Makerfield: about 37 degrees on 21 March and 13 degrees on 21 December21 m21 Mar, noon: sun 37°, shadow 6.8 m21 Dec, noon: sun 13°, shadow 21.5 mExistingNew home
Noon sun in Ashton-in-Makerfield on 21 March sits about 37° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.8 m. In December the sun is only about 13° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

The next steps, locally

To explore an option on your Ashton-in-Makerfield 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. 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.
  • Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
  • We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.

Ashton-in-Makerfield: questions to ask

Do I still own my garden in Ashton-in-Makerfield during an option?

Yes. An option is a right to buy, not a sale, so the land stays yours until we exercise the option and the sale completes. You carry on using the garden, and the option is noted on your title so the plot can’t be sold elsewhere while it runs.

Will you cover my legal fees on an option in Ashton-in-Makerfield?

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.

Who decides planning on an option plot in Ashton-in-Makerfield?

The decision belongs to Wigan 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.

Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Ashton-in-Makerfield 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.

Other options in Ashton-in-Makerfield

Option agreement near Ashton-in-Makerfield

Find out what your garden could become

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