COMMERCIAL PROPERTY

Commercial Property is an ever increasing and complex area and we have a team with specialisations in this area to assist you.

Granting or taking a lease
The giving or taking of leases of business premises involves a good working knowledge of landlord and tenant legislation. In recent years there have been quite a few changes in this field. It is evermore important that when either giving or taking a lease you have expert legal advice. There are also matters to be considered on leases such as registration of leases at HM Land Registry and the stamp duty land tax rates that are now applicable to leases.

Licences and other arrangements
If the parties do not wish to create a lease arrangement then it is possible in certain circumstances to create a licence which will not create a binding interest in property. Again we can advise on this as with leases.

Planning matters relating to the development of land
There are many aspects to consider in connection with planning matters relating to development of land for commercial purposes, particularly in relation to the making of planning applications or appeals. Also in many cases there will be a need to enter into a planning agreement under the Town & Country Planning Act 1990 and possibly highway agreements under the Highways Acts and advice is available on these.

Conditional contracts or options
Often in connection with the development of commercial property a matter proceeds either by way of a conditional contract for sale or by way of an option. It is very important to distinguish between these documents and to decide which route you want to take. A conditional contract is usually conditional on the obtaining of planning or licensing or other events and if you are buying or selling you need to be quite clear on what satisfies the conditions. An option simply gives a right to someone buying a property to purchase it at a given price at a given time, solely at their election. Also on a sale of property you need to consider whether you have any adjoining land which you would like to have the benefit of rights over the property you are selling, either for access or services or indeed some restriction on the land you are selling that it is put to non-competing uses with the land you are retaining. These are just some of the many points that have to be taken into account on the development of commercial property.

Funding commercial property development
Most commercial property development requires funding and within the team we can advise on that aspect and deal with the funding arrangements.

Grant of easements such as rights of way to enable commercial development to take place
On many occasions the need for easements arises either to gain access to a commercial development site or to obtain necessary easements to deal with surface water drainage or otherwise. Did you for instance realise that if you are providing the access to a commercial development site the value of that access right can be taken as equivalent to a third of the value of the site to be accessed? Again we can advise on all these matters.

Primary contacts

Chris Hunter
Direct Dial: 01522 781471
Profile

BACK TO TOP