Land Development

Selling land with or without planning permission

Instructing us early allows us to advise on transaction structure and any special conditions.

Heads of terms

We support you during negotiations and help prepare clear, comprehensive Heads of Terms.

Contract preparation

We prepare a bespoke commercial contract pack including:

• Commercial property contract with tailored special conditions
• Replies to commercial enquiries
• Title documentation
• Planning permissions, reports and supporting documents
• Letters of reliance for planning reports
• Architect copyright/licence agreements

We ensure buyers have the correct rights to use and amend drawings where required.

Buying land with or without planning permission

Purchasing development land requires expert analysis of title, surroundings and constraints. Our approach includes on-site inspections where possible to identify issues not evident from documents.

Conditional vs unconditional land contracts

• Conditional contracts require specified conditions—typically satisfactory planning permission—to be met before the purchase becomes binding.
• Unconditional contracts become binding on exchange with a fixed completion date.

We ensure you understand the implications of each and help protect you from undesirable planning conditions, viability risks or uneconomic projects.

We provide full reports on title, searches, planning and related documents and often investigate neighbouring titles to identify missing documents or historical restrictions.

Easements

Easements affect access, utilities and development potential. We advise on:

• Rights of way
• Utility easements (pipes, cables, drainage)
• Equitable easements created through long use
• Drafting and negotiating Deeds of Easement with utility companies

Understanding easements early prevents delays and unexpected costs.

Covenants affecting development

We review and advise on:

• Restrictive covenants that may prohibit certain uses or development
• Positive covenants that bind the land, including obligations linked to planning permissions

We help negotiate variations, releases or indemnity solutions where needed.

Buying land with planning permission

We recommend:

• A measured survey
• Verification that the planning permission can be fully implemented
• Checking boundaries and title accuracy (plots may differ from title plans)

This ensures you are acquiring all land necessary for the approved scheme.

Option agreements

Option agreements allow buyers to purchase land once specified conditions—often planning permission—are met. We advise sellers and buyers on all aspects, including:

• Heads of Terms
• Drafting and negotiating the Option Agreement
• Title investigations
• Exchange and completion

Overage agreements

Overage agreements involve future payments if value increases (often on further development). We assist with:

• Heads of Terms
• Drafting the contract and transfer
• Ensuring calculation mechanisms and triggers (e.g., planning permission or permitted development) are clear and unambiguous

Planning agreements (Section 106, 104, 278)

Local authorities may require planning agreements before granting permission. We advise on:

• Section 106 Agreements – contributions and obligations
• Section 104 Agreements – water and drainage
• Section 278 Agreements – highways and crossover works

We work alongside planning consultants, architects and engineers to ensure compliance.

Rights to light

Before developing, a daylight and sunlight assessment can identify potential neighbour claims. We draft:

• Full releases
• Profile releases (limited to the proposed development)

This helps avoid disputes and delays.

Contact us today

Whether you are buying or selling your home - or need advice on any residential property matter - our friendly team is here to help. For more information, feel free to email us or contact us on 020 8858 6971.