Blog

I have received a letter from a developer/ housebuilder/ promoter what should I do?

This can be an indication of planning potential.  Whirledge & Nott’s Development team can advise on the planning potential and the best method of securing that potential whether by way of a planning application, planning representations or indeed entering into some form of joint venture agreement such as an option or promotion agreement.

If you have received a letter from a developer, housebuilder or promoter, it is important to understand your options:

Read the letter thoroughly and note its purpose, content, specific proposals or requests, and any deadlines.

Landowners are often approached with various agreements by developers and promoters, such as:

  • Option Agreements: These options allow developers to purchase your land at a predetermined price, subject to specific conditions such as obtaining planning permission.
  • Promotion Agreements: Promoters, rather than housebuilders, are typically the ones who enter into these agreements. They apply for planning permission, market the land, and secure a buyer.  After the landowner sells the land, the promoter receives a fee based on the net sale proceeds.
  • Conditional Sale Agreements: Developers are required to purchase land only when specific conditions are met, such as obtaining planning permission.

It is essential to prioritise your goals and assess the risks involved. Consider whether you aim to maximise profits from your property or if you’re open to taking on potential planning risks. Additionally, consider the importance of the decision-making process for you.  It’s important to carefully evaluate the advantages and disadvantages of each agreement before making a decision.   You are under no obligation to proceed.  Seeking professional advice is always a wise choice to ensure you’re making informed decisions.

Selling your land can have financial implications, including potential tax obligations.  Whirledge & Nott can work closely with your accountant, to help best understand and potentially minimise the capital gains, inheritance tax, and other tax considerations.

 

To discuss further, please contact:   Martin, Matt, Michael, Paul, or Rhega in our Development Team.

Posted on 20 May 2024
by Michael Hughes

View Profile

Categories: News

Share:

Related articles

How do I partner with a property developer?

18 June 2024

Collaborating with a property developer can serve as a strategic decision to capitalise on opportunities and minimise potential risks. Below are a few guidelines to keep in mind when establishing a joint venture (JV) with a property developer. Understand the Basics of JVs: A JV is a collaborative effort with a third party aimed to…

What is an Option Agreement?

28 May 2024

An Option Agreement is a legally binding contract between two parties – the landowner and the purchaser (often a developer) of the option. In summary, an option agreement provides a mechanism for a potential land transaction, allowing the buyer to secure the right to purchase the property within a specified timeframe. Purpose and Structure:  The…

What is a Promotion Agreement?

15 May 2024

A promotion agreement is a legally binding contract between a landowner and a developer.  It allows landowners to leverage a developer’s expertise to navigate the complexities of planning and maximise returns on their property. Promotion agreements are often used in residential developments and are particularly suitable for complex planning situations and longer-term projects. Developer’s Role: …