Garden plot option agreements in Fareham

Choosing between an option, an outright sale and a sale subject to planning on a Fareham garden comes down to certainty and time. An outright sale is quickest. A conditional contract binds both sides from exchange. An option gives us the right but not the duty to buy, which is why it suits plots where planning is genuinely uncertain.

Our free appraisal compares the routes for your plot specifically, looking at access, the title and the planning history of your street. If an option isn’t the best fit, we’ll say so, and explain which route would serve you better and why.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Fareham Borough Council
Postcodes
PO13, PO14, PO16, PO17
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.1 m
Planning plan
Local Plan
County
Hampshire

How it plays out in Fareham

Garden plots rarely sit alone. Where several long gardens run side by side, whether in Fareham, in nearby Gosport, Portsmouth and Hedge End or anywhere else, a scheme across two or three of them can be much stronger than one squeezed into a single plot.

Options are a common way to bring those gardens together. Each owner grants an option on their own land, and an agreement between the owners can share the outcome fairly, even though only one garden provides the access. Fareham Borough Council would then consider one well-planned scheme instead of several piecemeal ones.

Section showing noon sun and shadows in Fareham: about 39 degrees on 21 March and 16 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.1 m21 Dec, noon: sun 16°, shadow 17.8 mExistingNew home
This section is worked out for the latitude of Fareham: around 39° of sun at midday in late March and about 16° 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.

How we’d take it forward in Fareham

After your enquiry, we carry out the free appraisal and compare an option with an outright sale and a conditional contract for your plot. If you choose the option, your solicitor reviews the agreement before signing, and once it is in place we start the planning work, share the drawings before submission and keep you updated.

  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. 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.

  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

  • Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.
  • 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 Fareham

What happens to my Fareham 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 Fareham?

The decision belongs to Fareham 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.

Will you cover my legal fees on an option in Fareham?

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.

Do I still own my garden in Fareham 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 Fareham

Option agreement near Fareham

Find out what your garden could become

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