Subject-to-planning contract for land in the West Midlands
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 the West Midlands
We use subject-to-planning contracts for suitable land across the West Midlands. The West Midlands county is a dense conurbation of Birmingham, Wolverhampton, Coventry, Solihull, Walsall, Dudley and the Black Country towns. Green Belt surrounds and separates parts of the conurbation, including the Meriden Gap between Birmingham and Coventry, so most housing comes from previously developed land: former industrial and canal-side sites, yards, garage courts and town centres. Grey belt and small fringe sites around Sutton Coldfield, Solihull and Aldridge can also come forward.
Metro tram extensions, the High Speed 2 stations at Curzon Street and Interchange, and suburban rail lines are a focus for higher-density homes. Former industrial land often needs contamination and ground investigation, and the Black Country's mining and limestone legacy means ground stability checks are common.
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.
The August 2026 NPPF supports homes within reasonable walking distance (around 800 metres) of well-connected railway stations, with minimum densities of 35 homes per hectare, or 45 near higher-frequency stations.
Parts of the West Midlands 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.
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 the West Midlands that often suits a subject-to-planning contract
WantedLand without planning permission
For land on the edges of Birmingham with no consent yet, the first questions are access, flood risk and how the council's current plan treats the area. The most common route: we fund the application and complete once permission is granted.
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WantedInfill plots
Infill gaps in Birmingham's established streets can be among the easiest small sites to bring forward when the design respects the neighbours. Common for infill: we apply, and you sell once permission is granted.
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WantedGarden and backland plots
Around Birmingham, garden land is most promising where a lane already runs behind the houses or two or three neighbours can sell together. The usual route: we apply and you only sell if permission is granted.
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WantedFarmland and paddocks
Around Birmingham, 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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WantedGreen Belt and grey belt land
Where Green Belt land in the West Midlands is already hemmed in by roads or existing homes, a grey belt case may be worth testing. Works for smaller previously developed Green Belt sites.
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WantedStrategic land
Around Birmingham, 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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WantedSmall sites
Small sites in and around Birmingham are central to what we look for, from corner plots to the odd field on the edge of a nearby village. Popular for small plots: you only sell once permission is granted.
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WantedBarns and rural buildings
Farm buildings near Birmingham that have fallen out of use may suit conversion, particularly traditional barns with a good access. Common: we seek consent or prior approval and complete if successful.
Learn moreTowns we cover in the West Midlands
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 the West Midlands?
Yes. We use subject-to-planning contracts across the West Midlands and the rest of England, where the structure suits the site and the owner.