Garden plot option agreements in Surrey

Backland Development is a new name in the S&K Group, and options are one of several routes we offer garden owners in places like Woking, Guildford, Esher and Redhill. Because an option gives us a right rather than a duty to buy, the terms you get in return matter: a clear option period, a fair price formula with a minimum, real planning obligations on us, and your reasonable legal fees covered.

Heads of terms set all of that out in plain language before either side instructs a solicitor, so you can weigh the option against an outright sale or a conditional contract.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Nation
England
National planning policy
NPPF
Planning authorities
11
County town
Guildford

Before you start in Surrey

Local plans change over time. Councils in Surrey review their policies, and a review can alter settlement boundaries, allocate sites or adopt new guidance on garden development. An option gives time to work with that cycle rather than against it, which is one reason options are used where the current policy position under the council’s Local Plan is finely balanced. It isn’t a reason to sign a long option on a simple plot, though. The period should match the planning task, and the agreement should say what we must do within it.

Planning authorities covering Surrey include Elmbridge Borough Council, Epsom and Ewell Borough Council, Guildford Borough Council, Mole Valley District Council, Reigate and Banstead Borough Council, Runnymede Borough Council, Spelthorne Borough Council, Surrey Heath Borough Council, Tandridge District Council, Waverley Borough Council, Woking Borough Council.

How it works

  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.

  5. 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 Surrey

Questions about option agreement in Surrey

Are my legal fees covered on an option in Surrey?

Yes. We cover reasonable legal fees for your solicitor on an option agreement, up to a cap agreed in heads of terms. That lets you take proper independent advice on the agreement, which you should always do before granting an option over any part of your land.

How is the price set under a garden plot option in Surrey?

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.

What is the difference between an option and a conditional contract in Surrey?

Under a conditional contract, both sides are bound from exchange and the sale completes if a satisfactory permission is granted. Under an option, you are bound to sell if we choose to buy, but we aren’t obliged to. Options suit less certain plots; conditional contracts suit clearer ones.

How much is a garden plot in Surrey worth?

It depends on location, size, access, title and, above all, planning. Two similar gardens in the same street can be worth very different amounts if one has easy access and the other doesn’t. We don’t quote figures before we’ve looked at a plot properly; the free appraisal is the way to find out.

Other options in Surrey

Everything we cover in Surrey

Find out what your garden could become

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