Garden plot option agreements in Burnley

Choosing between an option, an outright sale and a sale subject to planning on a Burnley 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
Burnley Borough Council
Postcodes
BB10, BB11, BB12
Noon sun, 21 March
About 36°
Shadow from a 5 m eaves line
About 6.8 m
Planning plan
Local Plan
County
Lancashire

Before you decide in Burnley

Neighbours in BB10, BB11 and BB12 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 Burnley Borough Council considers. A scheme that answers those concerns in advance usually has a smoother time.

Section showing noon sun and shadows in Burnley: about 36 degrees on 21 March and 13 degrees on 21 December21 m21 Mar, noon: sun 36°, shadow 6.8 m21 Dec, noon: sun 13°, shadow 22.1 mExistingNew home
This section is worked out for the latitude of Burnley: around 36° 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.

How we’d take it forward in Burnley

The first stage, from enquiry to heads of terms, usually takes a few weeks. Agreeing and signing the option itself often takes a few months more, depending on how quickly both solicitors work and whether the title raises questions. The planning work then runs within the option period, at a pace set by surveys, pre-application advice and the decision time at Burnley Borough Council.

  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

  • 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.
  • Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.

Questions about garden plots in Burnley

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

Who decides planning on an option plot in Burnley?

The decision belongs to Burnley 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 Burnley?

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 Burnley

Option agreement near Burnley

Find out what your garden could become

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