Skip to content

For more information, articles, videos and more...

Visit our blog

Commercial Property and Planning

Commercial Property & Planning icon

Contact our team to find out how we can help

Contact our team

Contracts conditional on planning permission to be granted

Need a quote? Please click here.

When it is fairly certain that a planning permission will be granted then a developer or a land owner may enter into a contract for the sale of the property on condition that planning permission is obtained.

The seller’s objective are:-

  • To see planning permission granted that includes the maximum development potential as soon as possible.
  • To oblige the buyer to pursue actively its application for planning consent and any appeal against a refusal or adverse planning condition.
  • To consider the impact of any planning permission so that if the scheme does not proceed the seller can sell with the benefit of the planning  permission at an enhanced price or can develop and well it completed.
  • To consider the impact of the planning permission on the value and use of any adjoining or neighbouring land in which the seller has an interest.

The buyer’s objectives will be:-

  • To buy the land with the benefit of the planning permission which enables the buyer to develop the site and generate the development profit which it requires and the buyer will want the planning permission to (i) meet the buyer’s relevant requirements (ii) give the buyer maximum flexibility (iii) be free from onerous or unacceptable conditions (iv) to be given within a time frame that is acceptable to the buyer and the buyer will not want (i) to be obliged to purchase land that cannot be developed in accordance with its proposals (ii) to be obliged to pursue a refusal planning permission or against a planning permission imposed in circumstances where the buyers are likely to proceed or whether economically are acceptable.

Your most convenient Rix & Kay office.

Ashford Office
Suite 4c, Third Floor,
International House, Dover Place
Ashford, Kent, TN23 1HU

Tel: 01233 225660
Fax: N/A

Brighton & Hove Office
7 The Drive
Brighton & Hove

Tel: 01273 329797
Fax: 01273 324082
DX: 59257 Hove

Seaford Office
26 Sutton Park Road
Seaford, East Sussex
BN25 1QU


Sevenoaks Office
16 South Park
TN13 1AN

Tel: 01732 440855
Fax: 01732 440854
DX: 30025 Sevenoaks

Uckfield Office
The Courtyard
River Way
Uckfield, East Sussex
TN22 1SL

Tel: 01825 761555
Fax: 01825 764172
DX: 133963 Uckfield 2

  • We will use this data to reply to your message. For more information please see our privacy policy.
  • This field is for validation purposes and should be left unchanged.