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Buying land with planning permission can give a buyer greater clarity about what has already been approved, but it does not mean that every planning issue has been dealt with or that the land is automatically ready to develop.
Before buying a plot or development site, you need to understand exactly what planning permission has been granted, what conditions apply, what remains to be approved and whether the permission actually allows you to build what you want.
The planning decision is only one part of the due diligence. Access, services, legal rights, ground conditions, development costs and the title to the land can all affect whether the opportunity works for you.
What Should You Check When Buying Land With Planning Permission?
When buying land with planning permission, check exactly what has been approved, whether the permission is still valid, what conditions need to be discharged, whether any reserved matters remain, how access and services are dealt with, and whether there are legal or financial obligations attached to the development.
You should also check that the permission matches what you actually want to build. A plot with permission for one type of house or development may not automatically give you permission to change the design, increase the number of units or use the land differently.
For a significant purchase, appropriate planning, legal and technical advice should be obtained before committing to the land.
TELL US WHAT YOU’RE LOOKING FOR →What Does Planning Permission Mean When Buying Land?
Planning permission is permission from the relevant planning authority for a specified development or use of land.
When you are buying land, it is important to understand that the permission relates to a particular proposal. The planning documents will set out what has been approved and may include drawings, supporting documents and conditions.
Planning permission will normally run with the land, meaning that it can generally be transferred when the land is sold. However, there can be exceptions or conditions that affect who can use or occupy land, so the actual decision notice and planning documents need to be checked.
In other words, seeing the words “planning permission granted” in a property advert should be the beginning of your investigation, not the end of it.
Check Exactly What Has Been Approved
The first thing to establish is exactly what the planning permission allows.
For example, a listing may describe a site as having planning permission for a new house, but you should establish:
- How many dwellings have been approved
- The type and size of the approved buildings
- The approved site layout
- The approved access arrangements
- The approved parking arrangements
- The proposed landscaping
- The approved use of the land
- Any restrictions on the development
The approved plans are particularly important because they show the development that the planning authority considered when granting permission.
If you are buying the land because you want to build something different, you should establish whether your proposed changes would require a new planning application or another form of approval.
Full Planning Permission vs Outline Planning Permission
Not all planning permissions provide the same level of detail.
Full planning permission generally relates to detailed proposals where the development has been considered in greater detail.
Outline planning permission establishes the general principle of a proposed development, with certain details potentially left to be dealt with later through reserved matters.
Reserved matters can include matters such as appearance, landscaping, layout and scale, depending on what was reserved by the original permission.
Outline planning permission therefore should not be treated as though every detail of the eventual development has already been approved.
If you are buying land with outline planning permission, find out exactly which matters have already been approved and which remain to be dealt with.
Check the Planning Decision Notice
The planning decision notice is one of the most important documents to review before buying land with planning permission.
Do not rely solely on the estate agent’s description or the seller’s summary.
The decision notice will identify the permission granted and the conditions attached to it.
You should also review the plans and supporting documents that form part of the planning application.
This allows you to understand the complete planning position rather than relying on a short description such as “planning for a four-bedroom house”.
Pay Close Attention to Planning Conditions
Planning permission can be granted subject to conditions.
Some conditions may require information or details to be approved before development can begin. These are commonly referred to as pre-commencement conditions.
Other conditions can control how development is carried out or how the completed development is used.
For example, conditions can deal with matters such as materials, landscaping, access, drainage, construction arrangements or other requirements associated with the development.
This means you should not assume that a planning permission with several conditions is equivalent to an unconditional approval.
Find out which conditions have already been discharged and which remain outstanding.
Why Do Planning Conditions Matter?
A planning condition may require further information or approval before development can proceed.
If you are buying the land, you need to understand who is responsible for dealing with outstanding conditions, what work or information is required and whether there are any costs or risks associated with satisfying them.
Your planning adviser can help you assess the conditions that apply to the particular permission.
Are There Reserved Matters?
If the land has outline planning permission, check whether any reserved matters remain outstanding.
Reserved matters are details that were not decided as part of the outline permission and need to be approved later.
Depending on the permission, these can include matters such as:
- Access
- Appearance
- Landscaping
- Layout
- Scale
The exact position depends on the original outline permission and what was reserved.
If you are buying an outline consent site, understand the remaining planning process before agreeing your purchase.
Check Whether the Planning Permission Is Still Valid
Planning permissions are normally subject to time limits.
For many permissions, development must begin within three years of the grant unless a different period has been specified in the permission.
Outline permissions have their own requirements relating to reserved matters and commencement.
This means that a planning permission granted several years ago should be investigated carefully.
Do not assume that because a planning application was approved in the past, the permission remains available to you indefinitely.
Check the original decision notice and the planning history, and obtain appropriate professional advice where there is any uncertainty about whether the permission remains capable of being implemented.
Has Development Actually Started?
If a site has an existing planning permission, find out whether any development has already taken place.
This can be particularly important where the permission is approaching its expiry date.
If works have started, you should establish what has been done and whether the permission has been lawfully implemented.
This is an area where professional planning and legal advice can be particularly important because the circumstances of the individual permission matter.
Check What Access Has Been Approved
Access is an important part of buying land with planning permission.
Look at the approved plans and establish how vehicles and pedestrians are expected to enter and leave the site.
Check whether the permission includes conditions relating to highways, visibility, construction of the access or other transport matters.
You should also investigate the legal position of the access.
Planning permission does not by itself give you ownership of somebody else’s land or create all the legal rights you may need to use an access.
Your solicitor should investigate the title and any rights of way or easements that affect the site.
Check Drainage and Utility Requirements
A site can have planning permission and still require substantial work before it can be developed.
Look at how the approved scheme deals with:
- Foul drainage
- Surface water drainage
- Water supply
- Electricity
- Gas where required
- Telecommunications
Planning documents may contain requirements relating to drainage or other infrastructure, and some matters may be dealt with through planning conditions.
Also establish whether the necessary services are actually available and what connection or infrastructure costs could be involved.
Check for Section 106 Agreements and Other Obligations
Some developments are subject to planning obligations, including Section 106 agreements.
These can impose obligations on the land and may require particular works, payments or other commitments associated with the development.
If you are buying a development site, you should establish whether a Section 106 agreement applies and understand its requirements before completing the purchase.
The obligations can be important to the financial viability of a development, particularly where several houses or a larger scheme are involved.
Depending on the development and location, other contributions may also be relevant, including the Community Infrastructure Levy where it applies.
Planning Permission Does Not Mean the Site Has No Development Costs
One of the biggest mistakes a buyer can make is assuming that planning permission means the land is effectively ready to build.
You may still need to spend money on:
- Legal work
- Planning advice
- Architectural work
- Building regulations
- Surveys
- Drainage
- Highways and access works
- Utility connections
- Groundworks
- Environmental investigations
- Planning condition discharge
- Planning obligations or infrastructure contributions where applicable
- Construction
For that reason, the purchase price should always be considered alongside the wider cost of bringing the approved development forward.
Does Planning Permission Guarantee You Can Build?
Planning permission provides permission for the development that has been approved, subject to the terms of the permission and its conditions.
It does not mean that every possible variation of the proposal is automatically permitted.
If you want to change the approved design, number of units, layout or use, you may need further planning approval.
Some changes may be capable of being dealt with through a different planning application process, depending on the circumstances.
Before buying, establish whether the permission as it stands actually meets your requirements.
What If I Want to Change the Approved House?
This is particularly relevant to self-build buyers.
You may find a plot with planning permission for a house but prefer a different layout, number of bedrooms, footprint, roof design or position on the site.
Do not assume that these changes can automatically be made.
Depending on the proposed change, you may need an application for a non-material amendment, a variation or a new planning application.
The correct route depends on the nature and extent of the proposed change.
If the difference between the approved scheme and your intended house is significant, take planning advice before purchasing the land.
Check the Land Title as Well as the Planning Permission
Planning permission and legal title are separate issues.
A site can have planning permission but still be affected by legal matters that are important to the buyer.
Your solicitor should investigate matters such as:
- Ownership
- Rights of way
- Access rights
- Restrictive covenants
- Easements
- Overage provisions
- Existing agreements affecting the land
- Boundaries
These matters can have a significant effect on how the land can be used and developed.
Check the Planning History
It is useful to look beyond the current planning permission and understand the history of the site.
Look at previous applications and decisions where relevant.
This can help you understand whether the current permission followed earlier proposals, whether previous applications were refused, and whether there have been changes to the scheme.
It can also provide useful background when assessing whether the current permission reflects the development you are actually looking to purchase.
Compare the Planning Permission With Your Requirements
The most important question is whether the approved development matches what you want to do.
| What to Check | Questions to Ask |
|---|---|
| Number of units | Does the permission provide the number of homes or buildings I need? |
| House or building size | Is the approved floor area and footprint suitable? |
| Layout | Does the approved layout work for my plans? |
| Access | Is the approved access practical and legally available? |
| Conditions | Which conditions remain outstanding? |
| Reserved matters | Is anything still required before the development can proceed? |
| Time limits | Is the permission still capable of being implemented? |
| Drainage | How is foul and surface water drainage dealt with? |
| Utilities | Are the necessary services available? |
| Legal position | Are there title restrictions or rights affecting development? |
| Financial obligations | Are there Section 106, CIL or other development costs? |
Buying Land With Planning Permission: A Practical Checklist
What Should You Check Before Buying?
- Have I seen the actual planning decision notice?
- Have I reviewed the approved plans?
- Do I understand exactly what development has been approved?
- Is the permission full or outline?
- Are any reserved matters still outstanding?
- Are there any pre-commencement conditions?
- Which conditions have already been discharged?
- Is the planning permission still valid?
- Has the development already commenced?
- Is the approved access suitable?
- Do I have the legal rights needed to use the access?
- How will drainage and utilities be provided?
- Are there Section 106 or other planning obligations?
- Could CIL apply to the development?
- Have I checked the title and restrictive covenants?
- Does the permission actually meet my requirements?
- Have I allowed for the full cost of completing the development?
What Questions Should You Ask the Seller?
Before making an offer on land with planning permission, it is sensible to ask the seller or selling agent for the key planning information.
Useful questions include:
- What is the planning application reference number?
- When was planning permission granted?
- Is it full or outline planning permission?
- What exactly has been approved?
- Are any conditions still outstanding?
- Have any reserved matters been approved?
- Has the permission been implemented?
- Are there any Section 106 obligations?
- Has any Community Infrastructure Levy liability been assessed?
- How is access provided?
- Are utility connections available?
- Are there any legal agreements affecting the land?
You should then verify important information through the planning authority and your own professional advisers rather than relying solely on the seller’s description.
What If the Land Has Planning Permission But Is Not Right for Me?
Having planning permission does not automatically make a site suitable for every buyer.
For example, you may find a site with permission for a three-bedroom house when you want to build a larger four-bedroom home.
Or you may find development land with permission for a particular number of units but your financial appraisal depends on a different layout.
In these situations, you need to understand whether the permission can be changed and what planning risk that would introduce.
Do not pay a premium simply because a listing says “planning permission granted” without understanding the detail of the permission.
Can You Buy Land Before Planning Permission Is Granted?
Yes. Land can be bought without planning permission, although this introduces additional planning risk.
In some circumstances, buyers may agree contracts that are conditional on planning permission being obtained, but the exact structure and suitability of any such arrangement should be discussed with your solicitor.
If you are considering land without permission, you should assess the planning prospects carefully rather than assuming that an application will succeed.
If your requirement is specifically for land with an existing planning permission, make that clear when searching for opportunities.
What If You Cannot Find Land With the Planning Permission You Need?
Finding land with exactly the planning permission you want can be difficult.
You may find the right location but the wrong house size, the right acreage but the wrong planning permission, or a suitable development site where the approved scheme does not match your requirements.
This is one reason why defining your search requirements clearly can be useful.
At Your Landstore, buyers can tell us what type of land they are looking for, where they want it and what requirements matter to them.
We can then consider suitable land opportunities against those requirements.
Tell Us What Land You Need
If planning permission is an important part of your search, you can include your requirements when you submit your land search to Your Landstore.
You can specify the type of land, preferred county, budget and other requirements that matter to you.
There is no guarantee that a suitable opportunity will be available, but registering your requirements gives us a clear picture of what you are looking for.
TELL US WHAT YOU’RE LOOKING FOR →When Should You Get Professional Advice?
Buying land with planning permission is a significant decision, particularly where the land is being purchased for development.
Your solicitor should investigate the legal title and contractual position.
A planning consultant can help you understand the planning permission, conditions, reserved matters and any planning risk associated with the site.
Depending on the opportunity, you may also need advice from an architect, highways consultant, drainage engineer, surveyor, environmental consultant or other specialist.
The appropriate professional team will depend on the individual land and the development you are proposing.
Is Land With Planning Permission Worth More?
Planning permission can have a significant effect on the value of land because it can establish an approved use or development that may not otherwise be available.
However, the value of the permission depends on what has actually been approved, the location, the number and type of units, development costs, planning obligations, market conditions and the risks that remain.
Two sites with planning permission can therefore have very different values.
Buyers should assess the whole opportunity rather than assuming that a planning consent automatically justifies a particular asking price.
Buying Land With Planning Permission: The Key Points
Planning permission can provide an important level of certainty when buying land, but you still need to carry out proper due diligence.
The most important thing is to understand exactly what you are buying.
Check the planning decision, approved plans, conditions, reserved matters, time limits, access, drainage, utilities, legal title and development obligations.
Then compare the approved scheme with your own requirements and calculate the wider cost of completing the project.
A plot with planning permission may be a very different proposition from a site where planning permission is still required, but neither should be judged by the planning label alone.
Frequently Asked Questions About Buying Land With Planning Permission
Can I buy land with planning permission?
Yes. Planning permission normally runs with the land, so land can generally be sold with the benefit of an existing planning permission. However, buyers should check the actual permission, conditions and any restrictions before purchasing.
Does planning permission transfer when land is sold?
Planning permission will generally run with the land rather than belonging personally to the original applicant. However, individual permissions can contain conditions that affect use or occupation, so the actual decision should always be checked.
What should I check when buying land with planning permission?
Check the planning decision notice, approved plans, conditions, reserved matters, time limits, access, drainage, utilities, legal title and any planning obligations. You should also establish whether the approved development matches what you intend to build.
What is the difference between full and outline planning permission?
Full planning permission normally deals with a detailed development proposal. Outline planning permission establishes the general principle of development, with certain details potentially left to be approved later through reserved matters.
Can I change a house that already has planning permission?
Possibly, but the process depends on the nature and extent of the proposed change. Some changes may require a further planning application or another form of approval. You should establish the planning position before buying if the approved design does not meet your requirements.
Can I buy land with planning permission and build immediately?
Not necessarily. Planning conditions may require further details or approvals before development can begin, and you may also need other consents and building regulations approval. Check the decision notice and outstanding conditions carefully.
Can Your Landstore help me find land with planning permission?
You can tell Your Landstore what type of land you are looking for, where you want it and your key requirements. We can then consider suitable land opportunities against those requirements and, where appropriate, contact registered buyers about relevant opportunities.
Looking for Land With Planning Permission?
Tell Your Landstore what type of land you need, where you want it and the planning position you are looking for. We can consider suitable land opportunities against your search requirements.
TELL US WHAT YOU’RE LOOKING FOR →Ready to start looking? Browse land for sale across the UK or explore our current land listings.
For official planning guidance, you can also refer to the Planning Portal and GOV.UK.
