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What to know in Kent
Some garden schemes in Kent 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 Kent include Ashford Borough Council, Canterbury City Council, Dartford Borough Council, Dover District Council, Folkestone and Hythe District Council, Gravesham Borough Council, Maidstone Borough Council, Medway Council, Sevenoaks District Council, Swale Borough Council, Thanet District Council, Tonbridge and Malling Borough Council, Tunbridge Wells Borough 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 Kent
- Maidstone
- Gillingham
- Chatham
- Tunbridge Wells
- Folkestone
- Margate
- Ashford, Kent
- Canterbury
- Sittingbourne
- Gravesend
- Dartford
- Ramsgate
- Dover
- Tonbridge
- Strood
- Whitstable
- Deal
- Sevenoaks
- Rochester
- Herne Bay
- Broadstairs
- Faversham
- Swanley
- Longfield
- Swanscombe
Questions about option agreement in Kent
Can I sell my house in Kent while an option runs on the garden?
Yes, but the option stays attached to the land it covers, and your buyer’s solicitor will see it on the title. Tell us early so the two can be handled together. The order of events can also affect Capital Gains Tax, so take advice from a tax adviser.
Which councils decide planning on option plots in Kent?
It depends on where the plot sits. Applications in Kent go to the council for the address, among them Ashford Borough Council, Canterbury City Council, Dartford Borough Council, Dover District Council, Folkestone and Hythe District Council and other councils, and each works to its own Local Plan and the NPPF. During the option period, we submit the application to whichever authority covers your garden and deal with its questions.
How is the price set under a garden plot option in Kent?
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.
Can neighbours in Kent 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.