Commercial Property Lawyers

We advise on buying and selling freehold and leasehold commercial premises, including title checks, searches, enquiries, contracts, lender requirements and completion.

We act for landlords and tenants on new leases, lease renewals and lease negotiations, helping you understand rent, repair, use, insurance, service charge, break clauses and assignment provisions.

We also advise on whether a business lease will have security of tenure under the Landlord and Tenant Act 1954, or whether the parties intend to contract out of those renewal rights. This is an important point for both landlords and tenants because it can affect what happens when the lease term ends.

We prepare and advise on licences to assign, underlet, change use or carry out alterations, together with related documents such as rent deposit deeds.

We advise on development-related documents, including promotion agreements and option agreements, where land or property is being prepared for future use, sale or development.

We help buyers and sellers understand the legal pack, the risks of auction timescales, and the steps needed before or after a successful bid.

We deal with the property aspects of commercial lending, including lender requirements, title reporting and legal documentation.

We advise on rights affecting land, such as rights of way, access to services, utility apparatus and arrangements for installation or maintenance.

We prepare and review agreements for lease where the parties need to commit to a future lease, often once certain works, permissions or conditions have been satisfied.

It is sensible to speak to a solicitor as early as possible, ideally before you commit to key terms or deadlines. Early advice can help identify legal documents, funding requirements, title issues, planning points or third-party consents that may affect timing, cost or whether the transaction is right for you.

Due diligence is the process of checking the legal and practical position before you proceed. It may include reviewing the title, searches, planning information, rights of access, restrictions, replies to enquiries, funding requirements and any occupational arrangements affecting the property. The aim is to help you understand what you are buying before you commit.

The searches needed will depend on the property and the nature of the transaction. Common searches may include local authority, drainage and water, environmental and chancel searches. Other searches may be needed where the property has specific risks, such as mining, flood risk, planning, highways or utilities. We will explain which searches are appropriate and what the results may mean in practice.

Our advice is that as a purchaser, you should always have a survey to ensure the interest you are buying, or leasing is of the same value as purchase. A survey ensures that as a buyer, you are made aware of all the issues that affect the property, including hidden structural problems or any unseen costs. Failure to have a survey can mean that issues arise later after the purchase or lease has completed.

There is no standard period for completing a property transaction. This can vary enormously depending on the structure and complexity of the deal and the nature of the property. The seller/landlord will normally impose a timescale for carrying out due diligence, exchanging contracts and completing the transaction. As your legal advisors, we will need instructions as to the deadline and timescale that you wish to work towards.

Commercial property transactions can be delayed by missing documents, unresolved title issues, lender requirements, survey concerns, planning questions, lease consent or slow replies from third parties. Early legal advice can help identify what is needed, raise the right enquiries and keep the process organised, although timescales will still depend on the circumstances and the other parties involved.

It helps to gather title documents, planning permissions, building regulation documents, guarantees, service records, energy performance information, replies to previous enquiries, details of any occupiers and documents relating to rights, restrictions or works carried out at the property. Having these ready early can reduce avoidable delays.

Freehold commercial property means as the property owner, you own the absolute title to the entire property and land on which it is built.

Leasehold is an interest in the land created by a lease, meaning you are a tenant who has the right to occupy the property for a fixed duration.

SDLT may be payable on the purchase of commercial property and, in some cases, on the grant of a new lease. The amount depends on the price, any lease premium, the rent payable and whether the property is non-residential, mixed-use or part of a wider transaction. We can help you identify the SDLT points that need to be checked before completion.

VAT on commercial property depends on the property, the transaction and whether an option to tax has been made. Many supplies of land and buildings are exempt from VAT unless the seller or landlord has opted to tax, in which case VAT will usually be charged at the standard rate. VAT can also affect Stamp Duty Land Tax and the overall cost of the transaction, so it should be checked early with your solicitor and accountant.

If you are borrowing to buy or refinance commercial property, the lender will usually require legal checks before releasing funds. These may include title review, searches, reporting on leases, checking planning or access rights, and ensuring the mortgage documentation is completed properly. In some cases, the same solicitor may act for both you and the lender, subject to professional rules and lender requirements.

Yes. We can advise on the property aspects of commercial mortgages and refinancing, including title checks, lender requirements, reporting and completion of the legal documentation. Where your property plans connect with wider financial considerations, we can also help you take a joined-up view through Cullimore Dutton’s legal and financial advice under one roof.

Auction purchases usually move quickly and can become legally binding when the hammer falls. Before bidding, it is important to review the legal pack, title documents, searches, special conditions, occupational arrangements and any funding requirements. Taking advice before the auction can help you understand the risks before you commit.

Yes, where property is part of your wider business or investment plans, legal advice can help you understand ownership, funding, risk, rights affecting land and future flexibility. This can be particularly useful if you are buying premises for your business, investing in commercial property, preparing land for development or planning for future sale or succession.

An option agreement gives one party the right to buy land or property within a set period or once certain conditions are met. It is often used in development or strategic land arrangements. The detail matters because the agreement should make clear when the option can be exercised, how the price is calculated and what each party must do.

A promotion agreement usually involves a promoter seeking planning permission and helping to secure a sale of the land, with the proceeds shared according to the agreement. These arrangements can be useful where land has development potential, but the terms should be considered carefully so the landowner understands timing, obligations, costs and sale arrangements.

There are two ways of acquiring leasehold property:

You can be granted a new lease either by the property owner or by an existing tenant. Where the lease is granted by a tenant it is known as a sub-lease or underlease.

Alternatively, you may take an assignment or transfer of an existing lease from the tenant (leases often allow tenants to transfer (or assign) their interest in the lease to a third party).

A full repairing and insuring lease usually places significant repair and insurance-related costs on the tenant. In some cases, the tenant repairs the whole property; in others, the landlord insures or maintains parts of the building and recovers the cost through insurance rent or service charge. Tenants should check the repairing covenant, the definition of the premises, any schedule of condition, service charge wording and end-of-term dilapidations risk before signing.