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Getting it right in Hampshire
Some garden schemes in Hampshire need a second attempt. A first application may be refused on design grounds that a revised scheme can answer, or an appeal may be worth pursuing. An option can be drafted with that in mind, allowing time for a resubmission or an appeal within the period, or extending it while an appeal is decided. Those provisions should be precise, so you know how long your land could be tied up, and they are a key point for your solicitor to check.
Planning authorities covering Hampshire include Basingstoke and Deane Borough Council, East Hampshire District Council, Eastleigh Borough Council, Fareham Borough Council, Gosport Borough Council, Hart District Council, Havant Borough Council, New Forest District Council, Portsmouth City Council, Rushmoor Borough Council, Southampton City Council, Test Valley Borough Council, Winchester City 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 Hampshire
- Southampton
- Portsmouth
- Basingstoke
- Gosport
- Waterlooville
- Farnborough
- Eastleigh
- Winchester
- Havant
- Andover
- Fareham
- Aldershot
- Fleet
- Totton
- New Milton
- Chandler's Ford
- Bordon
- Hythe
- Yateley
- Alton
- Emsworth
- Hedge End
- Romsey
- Hayling Island
- Tadley
Questions about option agreement in Hampshire
Do you offer option agreements on garden plots in Hampshire?
Yes, where an option is the right fit. That usually means plots where planning is uncertain, more land is needed, or the number of homes is genuinely open. For straightforward plots in Hampshire, an outright sale or a sale subject to planning is often better, and we’ll say so.
How is the price set under a garden plot option in Hampshire?
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 Hampshire?
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 neighbours in Hampshire 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.