Garden plot option agreements in East Molesey

An option agreement on your East Molesey garden plot gives us the exclusive right to buy it once planning is granted, while you carry on owning and using the land. We do the design and planning work, and the price is normally set by a formula agreed before you sign, with a minimum underneath it.

We cover reasonable legal fees for your own solicitor, with the cap agreed in heads of terms. If Elmbridge Borough Council doesn’t grant an acceptable permission within the option period, or we decide not to buy, the option ends and the plot stays yours.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Elmbridge Borough Council
Postcodes
KT7, KT8
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.3 m
Planning plan
Local Plan
County
Surrey

What the council will look at in East Molesey

Light can decide the size of the scheme an option leads to. Take the figures for East Molesey: a midday sun of about 39° in late March means a wall rising 5 m to the eaves shades roughly 6.3 m of ground behind it, and with the December sun near 15°, that shade grows considerably.

Those figures help explain why a plot that could take two homes in one layout might take only one in another. Under a price formula, that difference flows through to the price, which is one reason options suit plots where the outcome is open.

Section showing noon sun and shadows in East Molesey: about 39 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.3 m21 Dec, noon: sun 15°, shadow 18.5 mExistingNew home
This section is worked out for the latitude of East Molesey: around 39° 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.

From first call to decision

After your enquiry, we carry out the free appraisal and compare an option with an outright sale and a conditional contract for your plot. If you choose the option, your solicitor reviews the agreement before signing, and once it is in place we start the planning work, share the drawings before submission and keep you updated.

  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

  • With a market value formula, the final price isn’t known until the option is exercised.
  • Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.
  • Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.

Your questions, answered for East Molesey

Who decides planning on an option plot in East Molesey?

The decision belongs to Elmbridge 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.

Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my East Molesey 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 East Molesey 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 East Molesey 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 Elmbridge Borough Council is more likely to approve.

Other options in East Molesey

Option agreement near East Molesey

Find out what your garden could become

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