Garden plot option agreements in Dukinfield

An option agreement on your Dukinfield garden plot gives us the exclusive right to buy it once planning is granted, while you carry on owning and using the land. We do the design and planning work, and the price is normally set by a formula agreed before you sign, with a minimum underneath it.

We cover reasonable legal fees for your own solicitor, with the cap agreed in heads of terms. If Tameside Metropolitan Borough Council doesn’t grant an acceptable permission within the option period, or we decide not to buy, the option ends and the plot stays yours.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Tameside Metropolitan Borough Council
Postcodes
SK16
Noon sun, 21 March
About 37°
Shadow from a 5 m eaves line
About 6.8 m
Planning plan
Local Plan
County
Greater Manchester

What the council will look at in Dukinfield

Neighbours in SK16 will hear about any application on your plot, and the option agreement can set out how and when that happens. Some owners prefer to talk to adjoining neighbours themselves before plans are public; others are happy for the council’s own notice to do the job.

Either way, we design with neighbours in mind, because privacy, light and the effect of a new access are among the first things Tameside Metropolitan Borough Council considers. A scheme that answers those concerns in advance usually has a smoother time.

Section showing noon sun and shadows in Dukinfield: 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
This section is worked out for the latitude of Dukinfield: around 37° of sun at midday in late March and about 13° 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 Dukinfield

Here is what happens in Dukinfield. A conversation first, then a desk check, then a visit if the plot looks promising. We put proposed terms in writing, without obligation, and you take advice on them with your legal fees covered within the agreed cap. Nothing is binding until you sign the option agreement itself, and the appraisal costs nothing.

  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

  • We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
  • With a market value formula, the final price isn’t known until the option is exercised.
  • Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.

Questions about garden plots in Dukinfield

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

Who decides planning on an option plot in Dukinfield?

The decision belongs to Tameside Metropolitan Borough 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 still own my garden in Dukinfield 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.

Other options in Dukinfield

Option agreement near Dukinfield

Find out what your garden could become

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