Garden plot option agreements in Shirley

Choosing between an option, an outright sale and a sale subject to planning on a Shirley 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
Solihull Metropolitan Borough Council
Postcodes
B90
Noon sun, 21 March
About 38°
Shadow from a 5 m eaves line
About 6.5 m
Planning plan
Local Plan
County
West Midlands

How it plays out in Shirley

Neighbours in B90 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 Solihull Metropolitan Borough Council considers. A scheme that answers those concerns in advance usually has a smoother time.

Section showing noon sun and shadows in Shirley: about 38 degrees on 21 March and 14 degrees on 21 December21 m21 Mar, noon: sun 38°, shadow 6.5 m21 Dec, noon: sun 14°, shadow 19.8 mExistingNew home
Noon sun in Shirley on 21 March sits about 38° above the horizon, so a typical two-storey eaves line (about 5 m) throws a shadow of roughly 6.5 m. In December the sun is only about 14° up and shadows stretch much further. Drawn for a garden facing north, where it matters most.

From first call to decision

To explore an option on your Shirley 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.

  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.

Shirley: questions to ask

Could my neighbours in Shirley 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 Solihull Metropolitan Borough Council is more likely to approve.

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

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 Shirley 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.

Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Shirley 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 Shirley

Option agreement near Shirley

Find out what your garden could become

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