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Our Commercial Conveyancing team routinely assists with buying and selling commercial property as well as handling all aspects of commercial leases, from granting to assigning and renewals, through to termination and variations.

We understand that focused, timely and commercially astute advice can make all the difference to your success and that’s why we are committed to ensuring our clients benefit from the expertise and experience of a commercial conveyancing solicitor.

We offer a coordinated approach to provide you with a full range of commercial conveyancing services:

  • Acquisitions and sales of freehold commercial property
  • Granting and assigning commercial property leases
  • Renewing, terminating and varying commercial property leases
  • Commercial mortgages
  • Landlord and Tenant Act 1954 procedures
  • Conditional contracts relating to planning
  • Overage and clawback

Whatever your commercial objectives, with 9 offices across the county of Essex, we act as trusted commercial conveyancers, offering a can do approach.  Our extensive links in the local area allow us to provide you with a network of invaluable contacts to assist you with your commercial objectives.

We are regularly chosen by business, big and small, to handle a range of ventures from residential developments and complex commercial mortgages to acquiring cafes and coffee shops. Whether it’s the acquisition of a property, the assignment of a lease, or the transfer of a business as a going concern we are here to serve your needs.

We are able to act in a range of situations, covering Landlords, tenants, sellers or buyers. A comprehensive understanding allows us to ascertain the needs of all parties in a transaction, producing quicker outcomes while meticulously ensuring no aspect is overlooked.

Our commitment to excellence means that we can offer you a flexible and fast approach to meet your deadlines.

Looking for more? Below are some common Frequently Asked Questions:

What does a commercial conveyancing solicitor do?

Our commercial conveyancing solicitors will check the title to the property thoroughly, locating and identifying any potential problems early on, and suggest practical, workable solutions to these problems, whilst thoroughly reviewing all documentation with an eye to improving upon it.

To use an example, if acting for a proposed purchaser of a lease, our commercial property solicitors will report to you on the extent and duration of the costs and liability you will be taking on if you proceed to sign the lease on the terms being offered by the landlord. If you are not satisfied with those terms we can even seek to negotiate with the landlord on your behalf.

Our solicitors will report to you conscientiously and meticulously on the property, creating for you a comprehensive dossier of analysis. If you are in the process of negotiating the terms of the lease, you should ensure that any offer clearly shows the extent of the property; with the boundaries clearly defined and marked on a plan together with a clear record of the floor area. All means of access, including any access or areas you must share with other occupiers (such as fire escapes), and any limitation on the hours of use, or restrictions in the type of use, including any legal or planning limitations or obligations that affect the property should also be noted.

Our commercial property solicitors will make enquiries and obtain full details of your expected costs involved with leasing the property. If the lease allows subletting, we shall advise you on any limitations. Our commercial property solicitors will also advise you on your repair obligations and any requirements you will need to comply with if you seek to change the use of the property or make any alterations to it.

Essentially, a commercial conveyancing solicitor provides clients with the detailed, practical advice necessary to make informed decisions about their transaction whilst keeping stress to a minimum. 

Option to purchase land

If you are looking to acquire land for development then our commercial conveyancing solicitors are here to assist you. There are a number of transaction structures available to you if you are seeking to acquire land for development which we can advise you on.

Conditional planning permission

You can enter into a contract with a seller conditional on planning permission as a means of securing an interest in the land which has development potential, without being under an obligation to buy the land unless the planning condition is satisfied. This is an obvious advantage for the developer.  A disadvantage would that the developer cannot be certain of the amount of the planning gain costs, which will be payable under a planning agreement. These costs may substantially increase the overall cost of acquiring the land, but the contract is likely to provide for a fixed purchase price without allowing the developer to deduct planning gain costs from the purchase price.

Drafting the documentation requires care and attention to ensure that the contract complies with the developer’s and landowners respective requirements. It is vital that the developer and the landowner agree on what will be deemed a ‘satisfactory planning permission’; usually being a trigger event that will make the contract unconditional, and whether any party will have an absolute discretion to determine whether the planning permission is in fact satisfactory.

The conditional contract will also contain a definition of ‘planning application’ and a definition of ‘development’. These definitions will require careful consideration also.

The contract will also need to provide that if a satisfactory planning permission has not been granted by a certain date then the contract may be terminated whilst allowing for extensions of the planning period in certain circumstances. The contract will also seek to define the landowners and developers obligations under the contract. For example, from a landowner’s point of view, they will want to impose various planning obligations on the developer such as to submit a planning application to the local planning authority within a specified period.

By way of further example, and from a developer’s point of view, they will want to impose various obligations on the landowner, such as an obligation to assist the developer in obtaining a satisfactory planning permission and to enter into any planning agreement required as a precondition of a satisfactory planning permission being granted. To explore further, please telephone to speak with a commercial property solicitor.

What is an option agreement?

An option agreement is like a conditional contract except the developer is not usually obliged to purchase the land in the event of a satisfactory planning permission being granted. This overcomes the disadvantage to the developer of the conditional contract which is outlined above. An option fee will usually be payable to the landowner. The purchase price for the option land may be a fixed sum but, more often than not, it will be based on the open market value of the land. To explore further, please telephone to speak with a commercial property solicitor.

What is an overage clause?

If you are selling some land and that land has a present value for which a price is being paid but there is a chance that the value will increase over time, perhaps because planning consent may be granted, then our commercial conveyancing solicitors have the expertise to advise you on what is required to ensure that you share in the increase in value if and when it happens. This is what is known as ‘Overage’. There are different approaches to overage and different techniques to deal with it. Every overage is unique to the facts and no one method applies to every set of facts. Our commercial conveyancing solicitors can advise you on the negotiation of the overage and your accompanying rights.

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