If you're finding land for a community project, you might wonder how to negotiate with a landowner. It may seem daunting, but it's the same bargain and compromise skills we use everyday and the CLAS Cymru team are here to assist you.
This page will provide you with some guidance and tips for how to go about things, but remember to contact us via the request for support form for more tailored support for your needs.
Organisational Structure
- The community group need to be set up appropriately according to the level of ambition you have for your project or enterprise. If the community are just wanting to do (for instance) some road verge growing or set up a small community garden, a constituted group with some clear terms may be sufficient. Constitutions are appropriate where a letter of permission from the landowner or a simple licence agreement is what is being proposed. If the plans are to set up a bigger community garden or farm which requires lots of investment of time and money, the landowner and potential funders will want to see that you are an incorporated body. It is not recommended to sign a lease in personal names. Please see our pages on governance for more information.
- Be sure about who has a legal interest in the land. Visit the land registry website to double check the land the community group want to use is owned by the landowner you are talking to. There may be other landowners the group need permission from or in some cases, there may be a different landowner completely.
- Get to know the landowner/s. Find out lots about them so that you know what might motivate them and what does not.
- Be patient and friendly. The scale of a discussion will reflect the scale of the project. Simple licence agreements can take a month or two. Long lease agreements will take at least 6 months and have been known to take years. It can be difficult to be patient and cordial when the community are desperate to get on site, but it is very important. Negotiating with a landowner is often best in person or over the phone. Long threads of emails can be less helpful. Start with your best position and then be prepared to conceded things. What would be your dream scenario for the site? Then think about the points you may concede. What do you not need to begin with? For example, you may not need access to water as early as you think. If the site is going to have structures you can use water butts to rainwater harvest. Be innovative and think outside the box. If you're putting in lots of time, resources and larger funding bids, a long lease of at least 10 years may be important. Get a secure arrangement. Too often projects invest time and effort only to find out that they need to leave their site within six months’ notice. If you have a good relationship with the landowner, remember this can change.
- Don’t spring surprises. Take the community with you as things progress. Make sure there are rules that everyone is happy with about who makes decisions and about what. A good example of a community-led project is Green Squirrel Railway Gardens. It took six years to get planning and land permissions for this Cardiff-based project. By keeping the community informed and involved, enthusiasm and interest remained high.
- Listen. Listen to the landowner and the community. Let people talk. Take notes and summarise what they have said so that everyone is clear about what has been agreed for next steps.
- Agree critical points first. Use our Heads of Terms agreement for this. Try to complete the most important points and hand it over the landowner to see if they agree. For example, if an important funder wants a ten year lease and the landowner will only give you five years you need to start looking elsewhere. This way you have not wasted time and money on legal fees.
Get your ideas down on paper. Many community led projects have great ideas but find it difficult to put them down on paper. To help, we have created a template 'introduction to landowner' letter. If you need support with the template, please contact us but completing our request for support form. Think about putting together a management plan with a timeline in it so that you can gain consensus and be coherent about what the plans are for the site. Even if the community want the project to be non-profit making, you need to show how you will sustain the operation financially. How will you raise funds? Will anyone take a salary? Is the project completely reliant on volunteers? non-profit making, you need to show how you will sustain the operation financially. How will you raise funds? Will anyone take a salary? Is the project completely reliant on volunteers?
Download the template 'introduction to landowner letter in English >
- Get a win win deal. Again, be polite and patient but if the land agreement does not fit your plans, then do not sign it. It is important to know when to walk away. For example, If the rent is too high for how much money you think the community can raise each year, do not enter into the arrangement. Likewise, if the landowner is not comfortable with the agreement, they will not sign the agreement either. Speak to a CLAS Cymru Advisor by completing our request for support form.
Don’t forget permission from the landowner is not planning permission. Around the time of completing Heads of Terms, communities should make sure that the project activities are allowed on the site and that essential structures are going to be allowed. Speak to the local planning authority about your plans, and in Wales or Scotland speak to the CLAS Cymru Advisors, who have qualified planners who can advise you.
Site resilience plans
- Try to work out which aims or policies of the landowner your project could fulfil. Illustrate that with evidence. Showing the merits of your project or project idea will enhance your position.
For more information and support, CLAS Cymru can help you with a site resilience plan to show your sustainability credentials. The plan shows how you comply with the 7 goals of the Well-being of Future Generations (Wales) Act. It's also useful for discussion with landowners and other decision-makers e.g. funders.
Clear communication
- Remember to be concise in speaking and in writing. Listen more than you talk and take notes. When you are talking about your important terms are they taking notes? Think about the information that they need to hear. Try not to say less important things that may detract from your position. Show you have listened by repeating a summary of agreements or offers. Ask for them to confirm you have understood. Don’t make assumptions, confirm by asking.