Chartered Surveyors - development and planning consultants

NEGOTIATION OF CONDITIONAL CONTRACTS,
    OPTION AND PRE-EMPTION AGREEMENTS

There are occasions when the property owner elects not to pursue a planning application or appeal, or development work, himself preferring, instead, to pass over responsibility to a prospective purchaser. This may occur when:

  • the owner’s resources are limited
  • the specialist involvement of a named developer is likely to enhance the prospects of obtaining a planning permission
  • the risk is too high.

In those circumstances we are experienced in negotiating arrangements whereby, in return for a right to purchase the property if successful, a developer or other prospective purchaser undertakes the necessary planning work at his initial risk.

Such arrangements include:

  • Conditional contracts, for example, subject to obtaining planning permission, approval of reserved matters or full planning permission for a particular layout or density of development.
  • Option agreements where, perhaps, there is a need to promote a site for development through an emerging development plan. This may be for a period of 5 or more years and, clearly, needs to be carefully negotiated to protect the interests of both parties.
  • Pre-emption agreement where, for example, in return for a right of first refusal, a prospective purchaser agrees to promote an area adjoining one which he already owns/controls.

We have considerable experience of negotiating such agreements on behalf of landowners and developers/prospective purchasers and, consequently, are well aware of the provisions required to facilitate a workable and, above all, fair agreement for both sides. We are also well versed in working together with client’s legal and other professional advisors in achieving such goals..


What do we do?    Planning Applications    Appeals
Development Plan Work    Sale of development land & properties
Negotiation of conditional contracts option & pre-emption agreements
Marketing & valuation advice    Professional advice    Our terms

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