- Planning authority
- Wirral Council
- Postcodes
- CH41, CH42, CH43, CH49, CH61
- Noon sun, 21 March
- About 37°
- Shadow from a 5 m eaves line
- About 6.7 m
- Planning plan
- Local Plan
- County
- Merseyside
How it plays out in Birkenhead
Any option agreement on a Birkenhead garden is shaped by the council’s Local Plan. If Wirral Council’s current policies clearly support a new home on your plot, an option probably isn’t needed and a simpler route will serve you better. Where the policy position is balanced, or a review of the plan is under way, an option gives time for the planning case to be made properly. We read the relevant policies and recent decisions on similar plots before suggesting an option, and we explain what we found.
The next steps, locally
To explore an option on your Birkenhead garden, send us your address and a few details. We check the title, access and planning background, then call you with an honest view. If an option looks right, heads of terms set out the period, the price formula, the minimum price and the cap on your legal fees, which we cover.
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.
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.
- We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
- With a market value formula, the final price isn’t known until the option is exercised.
Birkenhead: questions to ask
Will you cover my legal fees on an option in Birkenhead?
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.
Could my neighbours in Birkenhead 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 Wirral Council is more likely to approve.
Do I still own my garden in Birkenhead 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.
Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Birkenhead 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.
Other options in Birkenhead
- Build a new home in your garden
- Corner and side plots
- Bungalows on large plots
- Planning promotion for your garden plot
- Planning permission for a garden plot
- Sell part of your garden