Questions
Questions people ask us
Straight answers, written so you can forward them to anyone you want to ask. If yours is not here, call or email and ask us. No question is too small.
Our letter
Why did you write to me?
Our research suggests that part of your property may be worth more with a credible planning route than it is today. That is a reason to talk, not a finding that it would get permission.
Is this genuine?
Yes. LandKite is run by Max Derry, a named person, and you can see his photograph and background on About us. Call the number on this website, rather than one you have been given elsewhere, and ask for Max. We will never ask you for money, bank details or passwords.
How did you find my land?
From public maps and records, such as HM Land Registry, Ordnance Survey maps and local planning documents. We did not visit your land to find it.
Where did you get my name and address?
From public records of who owns land, usually HM Land Registry. The bottom of our letter says which record we used. If your details are wrong, tell us and we will correct or delete them.
Why me, and not my neighbour?
We look at each piece of land on its own: its size, shape, access and the planning policies that apply to it. We never tell anyone who else we have written to, and we will not tell your neighbours that we wrote to you.
Have you been on my land?
No. Our research is done remotely. Nobody would visit your land without agreeing a time with you first.
I think you have the wrong person or the wrong land.
Please tell us. We will correct our records, and we will not write to you about that land again.
Do I have to reply?
No. If you do not reply, nothing happens. If you would rather not hear from us again, use our stop letters form, or tell us by phone or email, and we will stop writing to you.
Your land and your home
Would you build right next to my house?
Only if you agree to it. Your privacy, your views and your access come first. We ask about them in our first conversation, and they shape what we propose, or whether we propose anything at all.
Can I keep part of my land?
Yes. Often only part of a property is worth pursuing, and you may want to keep a garden, a paddock or an access route. Tell us what you want to keep and we will work around it.
Could I keep using my land while planning is decided?
Yes. The land stays yours, and in your use, until a sale completes. We would agree with you in advance when surveyors or consultants need to visit.
What if there are tenants, grazing rights or a right of way?
Tell us about them early. Tenancies, rights of way, covenants and shared access can all affect what is possible. Our specialists check them, and any agreement has to deal with them properly.
What if the land is mortgaged?
That is common and does not stop a conversation. Your lender may need to consent to the agreement, and the mortgage is paid off from the sale price in the usual way. Your solicitor handles this.
What if the land is owned jointly, or by a family trust or company?
Every legal owner needs to agree before anything is signed. We will happily talk to all of you together, and we will not pressure whoever replies first.
The arrangement
What are you actually offering?
We offer to pay for and run the planning process for your land. In return, you agree that if permission is granted, we can buy the land at a price agreed at the start. If permission is refused, the agreement ends and you keep your land.
What is an option agreement?
It is a written agreement that gives a buyer the right, but not the duty, to buy land at an agreed price within a set period, usually once planning permission is granted. During that period the owner cannot sell the land to anyone else.
Is an option the only way to do this?
No. Another common route is a promotion agreement, where the land is sold on the open market once permission is granted and the proceeds are shared. We will explain which route we suggest for your land and why, and your solicitor can compare them.
Is the price fixed, or worked out later?
Either is possible. Some agreements fix a price at the start. Others set a formula, such as a share of the value once permission is granted, often with a minimum price. The proposal says which, in plain figures, before you decide.
Who would actually buy my land?
It depends on the agreement. It could be LandKite, a company set up for your land, or a housebuilder the agreement is passed to after permission is granted. Whoever buys, the price and terms you agreed still apply, and we tell you who the parties are before you sign.
What if permission is granted for fewer homes than expected?
Many agreements link the price to what permission actually allows. Yours will say plainly how the price works if the permission is different from the plan.
Could you pull out?
Yes. We might stop if our specialists find a problem, or if permission is refused. If we stop, the agreement ends as it sets out, and you keep your land.
Could I pull out after signing?
Only as the agreement allows, because it is a binding contract. That is why you should read it with your own solicitor, take your time and only sign when you are comfortable.
Does replying commit me to anything?
No. Conversations, our research and any heads of terms are all subject to contract. You are only committed once you sign a formal written agreement.
Can I involve my family, solicitor or land agent?
Yes, please do. We are happy to talk to anyone you want involved, and we expect you to take independent advice before agreeing to anything.
How long it takes
How long does the whole thing take?
From signing an agreement to a sale completing often takes between one and two years. It can take longer if the council asks for more information or the application goes to appeal. We cannot promise a timescale, because councils and appeals set the pace. The timeline on how it works breaks it down stage by stage.
How quickly would I hear back after I contact you?
We aim to reply within two working days. A first conversation can happen whenever suits you.
How long before I get a written proposal?
Usually a few weeks after our first conversation, once our specialists have looked at the land. If they find a problem, we tell you instead.
How long does the council take to decide?
Councils in England aim to decide smaller applications within eight weeks and larger ones within 13 weeks, but many take longer. Preparing the application beforehand usually takes a few months.
How long would the agreement last?
Long enough for planning to be applied for and, if needed, appealed, which is often a few years. The exact length is written into the proposal, and the agreement ends at that date if permission has not been granted.
Money
Will I have to pay anything?
You never pay us. We pay for the planning work. Who pays for your own solicitor is set out in writing in our proposal.
What price would you pay?
It depends on your land, and we cannot give a figure from a map. We aim to agree a price above what your land would sell for today, because it is set with planning in mind. Any price is in writing, and you can have it checked by a valuer or land agent of your own.
Is there a payment when I sign?
Some agreements include one and some do not. If ours does, the amount is in the written proposal.
How does LandKite make money?
Land with planning permission is usually worth more than the price we agree to pay for it. That difference pays for the planning work, the applications that are refused, our funders’ return and our costs. If planning is refused, we lose what we spent.
Who pays for the planning work?
We do, with investors we have teamed up with. If a particular company would be a party to your agreement, we name it and explain it before any paperwork.
Will I have to pay tax on the sale?
Selling land can have tax consequences, such as Capital Gains Tax, and the timing of a sale can matter. We cannot give tax advice, so please speak to an accountant or tax adviser before you sign.
Trust, advice and your information
Are you independent advisers?
No. We would be the buyer, so our interests and yours differ. That is why we ask you to take independent advice before signing anything, and why we will never rush you.
Are you regulated?
Buying land with an option agreement is not a regulated financial activity, so LandKite is not regulated by the Financial Conduct Authority. Max’s mortgage business, Maxwell Mortgages, is a separate business and is not involved in LandKite arrangements.
Is anything you say binding?
No. Everything we say, write or send before a formal agreement is signed is subject to contract. By law, a contract for land in England and Wales must be in writing and signed by everyone involved. Our website terms say more.
What do you do with my information?
We use it only to talk to you about your land, we never sell it, and we keep it no longer than we need to. Our privacy notice explains exactly what we hold, why and for how long.
How do I ask you to stop, or to delete what you hold?
Use our stop letters form, or call or email and tell us. We will stop writing to you straight away and answer any request about your information within one month. The contact page explains how.
Contact
Ask us anything else
Call or email. You do not need an account or a form. Ask us anything, including the awkward questions.
Prefer to write? Send a messageOwn land you think we should see? Tell us about it
Would you rather we did not write again?
Use our stop letters form, or call or email with the name and address on our letter and say so. We will stop, and we will not write to you again. How we handle a request to stop.
