Garden plot option agreements in Borehamwood

Choosing between an option, an outright sale and a sale subject to planning on a Borehamwood 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
Hertsmere Borough Council
Postcodes
WD6, WD7
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Hertfordshire

The local picture in Borehamwood

Garden plots rarely sit alone. Where several long gardens run side by side, whether in Borehamwood, in nearby Bushey, Barnet and Potters Bar 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. Hertsmere Borough Council would then consider one well-planned scheme instead of several piecemeal ones.

Section showing noon sun and shadows in Borehamwood: about 38 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.3 m21 Dec, noon: sun 15°, shadow 18.8 mExistingNew home
This section is worked out for the latitude of Borehamwood: around 38° of sun at midday in late March and about 15° 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.

The next steps, locally

Here is what happens in Borehamwood. 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. 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.

Worth checking early

  • We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
  • Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.
  • With a market value formula, the final price isn’t known until the option is exercised.

Questions about garden plots in Borehamwood

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

Do I still own my garden in Borehamwood 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.

Could my neighbours in Borehamwood be part of the same option scheme?

Yes. Where neighbouring gardens together would make a better scheme, each owner can grant an option on their own land, and an agreement between the owners can share the outcome fairly. It needs careful drafting and everyone’s agreement, and it often produces a scheme Hertsmere Borough Council is more likely to approve.

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

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.

Other options in Borehamwood

Option agreement near Borehamwood

Find out what your garden could become

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