Garden plot option agreements in Farnham

Some garden plots in Farnham need more than one owner’s land to work well. If your garden is a little narrow, or the best access runs across a neighbour’s drive, an option on your plot holds it while the rest is pieced together. Each owner can grant a separate option, linked so that the scheme moves forward as one.

That takes patience and careful drafting, and every owner needs independent advice. It can also produce a scheme Waverley Borough Council is far more likely to approve than one squeezed onto a single garden, with one shared access instead of several awkward ones.

Legal agreement, pen and a title plan with a garden plot outlined in red on a desk
Planning authority
Waverley Borough Council
Postcodes
GU9, GU10
Noon sun, 21 March
About 39°
Shadow from a 5 m eaves line
About 6.2 m
Planning plan
Local Plan
County
Surrey

What shapes a plot in Farnham

Neighbours in GU9 and GU10 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 Waverley Borough Council considers. A scheme that answers those concerns in advance usually has a smoother time.

Section showing noon sun and shadows in Farnham: 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 18.2 mExistingNew home
This section is worked out for the latitude of Farnham: 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.

The next steps, locally

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. 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.
  • With a market value formula, the final price isn’t known until the option is exercised.
  • Deductions agreed at the start, such as planning costs, reduce what you receive, so check them closely.

Questions about garden plots in Farnham

Who decides planning on an option plot in Farnham?

The decision belongs to Waverley 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.

How long would an option on my Farnham garden last?

The period is agreed at the start and should match the planning task: long enough for surveys, an application and, where sensible, a revised scheme or appeal, but no longer. On a single garden it is usually much shorter than on farmland. Any extension should be tied to specific events.

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

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.

Do I still own my garden in Farnham 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.

Other options in Farnham

Option agreement near Farnham

Find out what your garden could become

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