Can You Get Planning Permission Before Buying Land

Securing planning permission before purchasing land is a key concern for many self-builders, developers and investors. Whether you are hoping to construct a new home, build several units or change the use of the land entirely, the ability to obtain planning consent will significantly impact both the land’s value and your ability to develop it. While you cannot apply for planning permission on land you do not legally own, there are ways to gain certainty before committing to the purchase.

Applying for Planning Permission Without Owning the Land

You do not need to own a piece of land outright to submit a planning application in the UK. You are allowed to apply for planning permission as long as you serve notice to the landowner. This is a common practice among developers who want to establish planning certainty before completing a purchase. The application must include Certificate B, which confirms that someone else owns the land and that they have been notified.

This process allows potential buyers to explore the feasibility of development without needing to take on ownership first. However, the landowner must be informed and may or may not support the proposal, so clear communication is essential.

Making an Offer Subject to Planning Permission

A widely used approach is to make a conditional offer to purchase the land subject to gaining planning consent. This is often formalised through an option agreement or a conditional contract. These agreements give the buyer the legal right to apply for planning permission and commit to buying the land only if permission is granted within an agreed timeframe.

This arrangement protects the buyer from purchasing land that later proves undevelopable, while also giving the seller confidence that a transaction is in progress. The specifics of the agreement must be legally sound and often involve solicitors experienced in land and property law.

Pre-Application Advice from the Local Authority

Before submitting a full planning application, you can approach the local planning authority for pre-application advice. This service allows you to discuss your ideas with a planning officer and receive feedback on whether your proposals are likely to be approved.

Pre-application advice is not a guarantee of approval, but it is a useful tool for identifying potential issues early, understanding local policy constraints and adjusting your plans accordingly. It can also strengthen your full application later by demonstrating that you have engaged with the planning process in good faith.

Fees for pre-application advice vary between councils and may depend on the scale of the proposed development. Most authorities respond within a few weeks, offering informal guidance or holding a meeting to review your initial plans.

Outline Planning Permission as a Strategy

Another method is to apply for outline planning permission. This form of application establishes whether the principle of development is acceptable, without going into detailed design or technical specifications. Outline permission is often used to assess the viability of a residential or commercial scheme before buying the land.

Once outline permission is granted, the buyer or developer can move forward with purchasing the land and later submit a reserved matters application, which covers the finer details such as layout, access, materials and landscaping.

Outline permission adds significant value to land and is often referred to as “planning uplift,” which can increase the land’s market price but also reduce the risk for the buyer.

Risks and Considerations

While it is possible to secure planning permission before purchasing land, there are risks. If the application is refused, you may have incurred costs with no guarantee of future success. Planning applications involve time, fees and design input from architects, surveyors and planning consultants.

There is also the risk that the landowner could withdraw or refuse to sell once permission is granted, especially if they see the potential for a higher return. This is why it is essential to have a legal agreement in place that locks in the terms of the sale from the outset, including price, timelines and development clauses.

Additionally, obtaining permission on land you do not own may make it harder to gain access for surveys, ground investigations or ecological assessments, all of which may be needed to support your application.

Examples in Practice

A developer in Norfolk agreed an option to buy a parcel of agricultural land, conditional upon gaining planning permission for five houses. They submitted an outline application after receiving pre-application advice. Once permission was granted, they completed the land purchase and progressed to full design and build.

A couple in Devon approached a landowner with an informal agreement to apply for planning permission for a single dwelling on a large garden plot. The application was refused due to highway concerns, and the couple chose not to proceed with the purchase, having only invested in the application fees and a basic plan.

Conclusion

Yes, you can apply for planning permission before buying land in the UK, as long as you notify the current landowner. This strategy is widely used by developers and self-builders to manage risk and avoid purchasing unsuitable land. To protect your interests, always use a formal agreement such as an option or conditional contract and seek pre-application advice to guide your proposal. Planning ahead can save you significant time, money and disappointment, while also making your investment more secure and strategic.