Can You Get Planning Permission Before Buying Land?

If you're considering buying land for development, one of the first questions that comes up is whether you can secure planning permission before completing the purchase. In short, yes — you can apply for planning permission before owning the land, as long as you have the legal right to do so. This is common practice among developers, self-builders, and investors who want to reduce risk before committing to the purchase.

Planning permission is linked to the land itself, not the applicant. This means you don’t have to be the owner to apply, but you do need to inform the current landowner and include their details on the application. It's a legal requirement to serve notice on the landowner, typically using Certificate B on the planning application form.

Why Apply Before Buying?

Applying for planning permission before buying land is about certainty. You want to know that you can build what you intend to, whether it’s a single house, a row of flats, or a commercial unit. Gaining outline or full permission in advance makes the land more valuable, and more importantly, usable. It also helps avoid the risk of buying a plot that turns out to be undevelopable due to planning constraints like green belt status, access issues, or protected habitats.

Most buyers apply for planning permission subject to contract or under an option agreement. These legal arrangements give you a right to purchase the land only if permission is granted, so you don’t waste money on land that won’t deliver your intended outcome. It’s a smart strategy to manage both risk and cost, especially on larger developments or self-build plots.

What Kind of Permission Can You Apply For?

There are two main types of planning permission you can apply for before buying land: full planning permission and outline planning permission. Full permission gives you detailed approval for a specific design, layout, and use. Outline permission, on the other hand, gives a general go-ahead in principle, with details to be agreed later through a reserved matters application.

Outline permission is often used by buyers who want to confirm the land is suitable for a type of development — like residential housing — without locking in final designs. It’s quicker and less costly, but still provides reassurance that development is possible. Some sellers even apply for outline permission before marketing the land, to make it more attractive to buyers.

What If You Don't Get Permission?

If planning permission is refused, you're not obligated to complete the purchase if you’re operating under a conditional offer or option agreement. However, you will still lose the application fees and any costs associated with surveys, drawings, or planning consultants. In some cases, it’s worth tweaking the proposal and reapplying, especially if the refusal is based on a single issue like access or scale rather than an outright ban on development.

It’s also worth considering a pre-application enquiry with the local planning authority before submitting a formal application. This gives you a sense of whether your plans are likely to be supported and helps identify any potential issues early. While it’s not a guarantee of approval, it’s a low-cost way to reduce risk and avoid wasted effort.

Can You Make a Conditional Offer on Land?

Yes, conditional offers are one of the most common ways to secure planning permission before buying land. These offers are made subject to gaining planning approval and usually have a set timeframe for obtaining that permission. If you’re the buyer, this gives you the ability to back out if the plans fall through. If you’re the seller, you’ll still have a committed buyer as long as the planning criteria are met.

These deals are legally binding and often require solicitors to draw up a formal agreement. They allow time for surveys, design work, and negotiation with planners — all before money changes hands. They’re especially useful for land with uncertain planning status, or in locations where local planning policy is shifting.

Are There Any Risks to Applying Before Buying?

There are some risks to be aware of. The biggest is that you could invest time and money into a planning application and still get refused. Planning permission is never guaranteed, and even strong applications can be rejected due to local objections, policy changes, or environmental constraints.

Another issue is timing. Most planning applications take around eight weeks for a decision, and more complex applications can take several months. If your agreement with the seller has a short deadline, you may not have enough time to complete the process before your offer expires.

Also, if you're applying for permission on land you don’t own, and the seller finds out your plans significantly increase the land's value, they might try to renegotiate the price or walk away. That’s why conditional contracts or option agreements are so important — they lock in the terms before you invest too heavily.

Should You Use a Planning Consultant?

If you’re serious about securing planning permission before buying, it’s smart to work with a planning consultant or architect. They understand local policies, have contacts within planning departments, and can design proposals that stand a better chance of approval. They’ll also help with submitting the right documentation, serving notice on the landowner, and responding to planning officer feedback.

For more complex developments, especially those with mixed uses or environmental challenges, having a professional on board can make the difference between success and refusal. And when electrics, energy infrastructure, or lighting come into the picture — MJ Electrical can help ensure your plans are viable from a technical and regulatory standpoint.

You Don’t Need to Own the Land — But You Must Notify the Owner

When submitting a planning application on land you don’t yet own, you’re legally required to serve notice on the landowner. This is done via Certificate B on the application form. If you skip this step, your application is invalid and will be rejected by the planning authority. The landowner also has the right to object or refuse access for surveys, which can delay or derail the process.

Pre-Application Advice Can Be a Smart First Move

Many councils offer a pre-application advice service, where you can discuss your proposal with a planning officer before submitting anything formally. While it’s not binding, it can highlight potential issues early — such as local objections, protected species, access problems, or height restrictions. It also gives you a sense of how your application might be received, saving you time and money.

Local Plans Matter More Than You Think

Every council works from a Local Development Plan, which defines what types of development are allowed in specific areas. Even if the land looks like a great place to build, if it's zoned as green belt, protected farmland, or outside the defined development boundary, your chances of approval are slim. Reviewing the local plan or asking a planning consultant for guidance is essential before applying.

Outline vs Full Permission Affects Value and Flexibility

Outline planning permission is quicker, cheaper, and gives you in-principle approval to develop, but doesn’t commit to specific layouts or building designs. It’s often used to make land more attractive to buyers. Full permission, on the other hand, includes detailed drawings and is harder to change later. If you're a developer or builder, full permission may give you more control — but if you’re just flipping land, outline might be the better play.

Option Agreements and Conditional Contracts Protect You

Since you can’t buy land based on a hope and a handshake, you’ll need a legal agreement that ties the planning outcome to your right to buy. An option agreement gives you exclusive rights to buy the land within a set period, usually after planning is granted. A conditional contract means you’ll only complete the purchase if planning permission is secured. These are vital tools to prevent the seller from changing the terms once your application increases the land’s value.

Land with Planning Permission Often Costs More

Land that already has planning permission tends to be significantly more expensive than land without it. That’s because the biggest risk — getting approval — is already dealt with. If you’re trying to buy land cheaper and add value yourself, applying for permission before purchase is a smart strategy. But it only works if you protect your position legally and understand the planning risks.

Planning Permission Has a Shelf Life

Once granted, planning permission is usually valid for three years from the date of approval. If no development starts within that period, the permission lapses and must be re-applied for. If you’re buying land with permission already in place, check the expiry date and whether any conditions have been met. Some permissions also require work to begin within a shorter window or include pre-commencement conditions like drainage or traffic studies.

Environmental and Utility Constraints Can Block You

Even with planning permission, development may be limited by ground conditions, flood risk zones, protected species, or lack of utilities. For example, if there’s no access to mains power or sewerage, you may need to factor in major additional costs — or find the land is unsuitable altogether. This is where MJ Electrical can step in, providing assessments of power supply feasibility and planning for infrastructure like smart metering, EV charging, or lighting.