Buying or selling commercial property involves more than agreeing a price. The title, permitted use, occupation arrangements and contract terms can all affect the value of the transaction and what you can do with the property afterwards.

Sherwin O’Riordan advise businesses, investors and property owners on commercial property conveyancing. We help you understand the legal position, identify matters requiring attention and make informed decisions before committing to a transaction.

Whether you are acquiring premises for your business, selling an investment property or purchasing a property with tenants in place, we consider the transaction alongside your commercial objectives.

Call 01 663 2000 or contact our property team to discuss your proposed purchase or sale.

Buying and Selling Commercial Property

The legal work required depends on the property, its ownership and the terms of the transaction. A purchase of vacant business premises raises different questions from an acquisition of a tenanted investment or a leasehold interest.

We advise on commercial property acquisitions and disposals, including freehold and leasehold transactions. Our work includes reviewing title documents, preparing or negotiating contracts, addressing enquiries and managing the legal requirements for completion.

We also consider how existing rights, restrictions and obligations may affect your intended use of the property.

Commercial Property Purchases

Before you commit to a purchase, it is important to understand what you are acquiring and the obligations that come with it.

We investigate the legal title, review the proposed contract and raise relevant enquiries with the seller’s solicitor. Where issues arise, we explain their significance and consider whether further information, contractual protection or another step is required.

Read more about commercial property purchases.

Commercial Property Sales

Preparing the legal documentation early can help identify issues that might otherwise delay a sale.

We assist sellers with preparing contracts and title documentation, responding to the buyer’s enquiries and addressing the arrangements needed to complete the transaction. Where the property is subject to lending security or occupational agreements, those arrangements also need to be considered.

Read more about commercial property sales.

Title Investigation and Legal Due Diligence

Legal due diligence helps establish the rights being transferred and the matters that may affect them.

Depending on the transaction, our review may address:

  • Ownership and the seller’s entitlement to transfer the property.
  • Rights of access and rights relating to services.
  • Covenants, restrictions and other burdens affecting title.
  • Existing leases, licences and occupation arrangements.
  • Relevant planning and building-control documentation.
  • Mortgages, charges and arrangements for their discharge.
  • Information needed for completion and registration.

We explain material findings so that you can assess their effect on your plans and the proposed transaction.

Legal due diligence does not replace a building survey, valuation or specialist technical assessment. Where appropriate, you should obtain advice from a suitably qualified surveyor, engineer, architect or environmental consultant.

Properties with Existing Tenants

If you are buying a property with tenants in place, the occupational arrangements are an important part of the investment.

The review may include the lease terms, rent, rent-review provisions, repairing obligations, service charges, break clauses and restrictions on assignment or subletting. Arrears, concessions, side agreements and disputes may also require attention.

We consider how these arrangements affect the legal position and the obligations you would assume as the new owner.

Commercial Leases and Leasehold Interests

A leasehold transaction requires careful consideration of both the interest being acquired and the obligations contained in the lease.

We advise on commercial lease documentation and the legal issues arising when leasehold premises are bought, sold or occupied. Depending on the circumstances, these may include landlord consent, permitted use, alterations, guarantees and restrictions on transferring the lease.

Our advice takes account of how your business intends to use the premises and the commitments it can reasonably accept.

Property Finance and Security Documentation

Where borrowing forms part of a transaction, the lender’s legal requirements need to be addressed alongside the purchase.

We advise on the property-related loan and security documentation within the agreed scope of our instructions. We also coordinate the legal requirements for completion with the relevant parties.

On a sale, existing security may need to be discharged as part of the completion arrangements.

Funding approval and commercial lending terms should be addressed directly with your lender or financial adviser.

How We Manage Your Transaction

Understand Your Objectives

We begin with the proposed terms, the property details and your intended use or investment plans. We identify important deadlines, funding arrangements and matters requiring early attention.

Review the Documents and Raise Enquiries

We examine the relevant legal documentation and address questions with the other party’s solicitor. We explain significant issues before you decide whether to proceed.

Negotiate the Contract

We advise on the contractual terms, including the conditions, obligations and completion arrangements relevant to your transaction.

Complete and Address Post-Completion Requirements

We manage the agreed legal steps for completion and the applicable post-completion work, including stamping and registration where required.

Throughout the matter, we explain the decisions you need to make and the information required to progress the transaction.

Practical Advice for Your Business or Investment

A property transaction should be assessed in the context of what you need it to achieve.

For an owner-occupied business, that may mean securing premises suitable for its operations. For an investor, the existing leases and obligations may be central to the decision. For a seller, preparation and clear documentation can help the transaction progress.

We provide advice that connects the legal issues with those practical objectives.

Commercial Property Conveyancing FAQs

When Should I Instruct a Solicitor?

Contact a solicitor early, ideally before signing transaction documents or making commitments that may be binding.

Early advice allows time to review the proposed structure, investigate the legal position and identify matters that may affect the terms or timetable.

How Long Does Commercial Conveyancing Take?

There is no single timetable for every transaction.

Timing depends on the title documentation, enquiries, funding, third-party consents and the complexity of the arrangements. We can discuss the likely stages once we have reviewed the proposed transaction.

What Documents Should I Provide?

Useful starting information includes the property address, agreed or proposed terms, agent’s details, relevant correspondence and your intended timetable.

For a sale, title documents, leases and planning records may also be needed. For a purchase, tell us about your intended use and funding arrangements.

We will explain what further information is required.

Do I Need a Survey?

Legal advice does not establish the physical condition of a building.

An appropriate survey or technical assessment can help identify defects and other matters relevant to your purchase. The type of investigation needed depends on the property and your plans for it.

How Much Will the Legal Work Cost?

The cost depends on the transaction and the work required.

We explain the scope of our instructions, legal fees and anticipated outlays. Taxes, registration charges, survey costs and other transaction expenses should also be considered when preparing your budget.

Can VAT or Stamp Duty Affect the Transaction?

Yes. The tax treatment can affect the overall cost and the documentation required.

The position depends on the property and transaction circumstances. Relevant tax questions should be addressed before committing, with input from your accountant or tax adviser where appropriate.

Speak to Our Commercial Property Conveyancing Solicitors

If you are planning to buy or sell commercial property, contact Sherwin O’Riordan to discuss the transaction and the legal work required.

Telephone: 01 663 2000
Email: info@sor.ie
Dublin office: 74 Pembroke Road, Ballsbridge, Dublin 4, D04 X339

Contact our commercial property team.

 

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