Subject-to-planning contract for land in Surrey
We agree a price now and complete once a satisfactory planning permission is granted.
A subject-to-planning (conditional) contract is a sale agreed now that only completes once planning permission is granted on terms both sides have defined. We normally pay for the application, and if permission is not obtained the contract can end and the landowner keeps the land.
Subject-to-planning contract for land in Surrey
We use subject-to-planning contracts for suitable land across Surrey. Surrey is a county of commuter towns, including Woking, Guildford, Epsom, Reigate, Redhill, Camberley, Staines-upon-Thames and Farnham, and many villages. Most of the county is Metropolitan Green Belt, and the Surrey Hills and High Weald National Landscapes cover much of the south. Previously developed land, infill plots, garden and backland sites and grey belt are therefore central to housing supply, with larger sites usually allocated through local plans.
Heathland protection in the west of the county means many schemes contribute to mitigation for the Thames Basin Heaths, and flood risk from the Thames and Mole affects riverside towns. Stations on the lines into Waterloo and Victoria matter, as English planning policy now gives weight to locations near well-connected stations.
Where an English council cannot show a five-year supply of housing land, or its Housing Delivery Test result falls below 75%, the August 2026 NPPF can give policy support to suitable housing outside settlement boundaries.
English councils keep brownfield land registers, and some previously developed sites can be granted permission in principle, a quicker way of establishing whether housing is acceptable before technical details are settled.
Parts of Surrey are Green Belt, though not every town has any nearby. We check early whether a site is inside it and, if so, whether a grey belt or previously developed land case could apply.
Parts of Surrey fall within Surrey Hills National Landscape and High Weald National Landscape. Protected landscapes carry strong policy protection, so land in or next to them needs particularly careful assessment.
In short: we agree a price now and complete once a satisfactory planning permission is granted. It usually suits land without planning that has a realistic route; infill, garden and small sites; owners who want a value linked to planning without funding it. See how a subject-to-planning contract works for the full process, pros and cons.
Land in Surrey that often suits a subject-to-planning contract
WantedLand without planning permission
Near Guildford, land without planning is worth discussing where it adjoins existing homes or has been put forward to the council's plan. The most common route: we fund the application and complete once permission is granted.
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WantedBrownfield land
Brownfield land in Guildford tends to be well located for homes; the questions are usually about contamination, demolition and neighbours. Useful where the change from commercial to residential still needs consent.
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WantedFarmland and paddocks
Around Guildford, paddocks and fields beside existing homes can have real potential, even where they have been grazed or farmed for generations. Works well for smaller paddocks and edge-of-village fields.
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WantedStrategic land
Around Guildford, strategic sites tend to be the big fields between the built edge and the main roads, where a whole new neighbourhood could be planned. Possible for the first phase of a larger holding.
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WantedRedundant buildings
We are interested in buildings around Guildford that have outlived their original use, whether they would be converted or replaced. Used where consent or prior approval is still needed.
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WantedBarns and rural buildings
We look at barns and rural yards around Guildford and give a straight view on whether conversion or replacement is realistic. Common: we seek consent or prior approval and complete if successful.
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WantedSites with lapsed or refused planning
We read the planning history of sites across Guildford closely; a past refusal often points straight to the fix. The usual route: we make the revised application and complete on success.
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WantedAllocated and promoted land
We are interested in land around Guildford at any plan stage, from a first submission to an adopted allocation. Used where an application is the next step.
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Subject-to-planning contract: questions
What counts as a satisfactory permission?
The contract defines it: usually the number and type of homes, acceptable conditions and planning obligations, and the end of the judicial review period.
What happens if planning is refused?
The contract normally lets us appeal, re-apply or withdraw within set timescales. If it ends, you keep your land.
Is there a deposit?
Sometimes a modest deposit is paid on exchange; terms vary by site and are set out in the heads of terms.
Do you use subject-to-planning contracts for land in Surrey?
Yes. We use subject-to-planning contracts across Surrey and the rest of England, where the structure suits the site and the owner.