Garden plot option agreements in Epsom

Choosing between an option, an outright sale and a sale subject to planning on a Epsom 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
Epsom and Ewell Borough Council
Postcodes
KT17, KT19
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.2 m
Planning plan
Local Plan
County
Surrey

Before you decide in Epsom

Light can decide the size of the scheme an option leads to. Take the figures for Epsom: a midday sun of about 39° in late March means a wall rising 5 m to the eaves shades roughly 6.2 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 Epsom: about 39 degrees on 21 March and 15 degrees on 21 December21 m21 Mar, noon: sun 39°, shadow 6.2 m21 Dec, noon: sun 15°, shadow 18.4 mExistingNew home
Noon sun in Epsom on 21 March sits about 39° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.2 m. In December the sun is only about 15° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

How we’d take it forward in Epsom

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. 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.

  4. 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

  • Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.
  • We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
  • Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.

Your questions, answered for Epsom

Do I still own my garden in Epsom 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 Epsom 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 Epsom and Ewell Borough Council is more likely to approve.

Will you cover my legal fees on an option in Epsom?

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.

What happens to my Epsom plot if the option ends?

It stays yours, and the entry on your title is removed. You’re free to keep, sell or develop the land. If a permission was granted before the option ended, it generally stays with the land, though it will need to be started within its time limit.

Other options in Epsom

Option agreement near Epsom

Find out what your garden could become

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