The importance of obtaining legal advice

The importance of obtaining legal advice when purchasing real estate in England

*The information in this blog relates to England and Wales only

Purchasing a commercial property is a major investment whether you’re acquiring premises for your own business or expanding a property portfolio. Without seeking legal advice, you risk encountering costly and time-consuming issues that could have been avoided.

At Gilson Gray, we guide clients through every step of the commercial property acquisition process, ensuring their investment is protected from both legal and practical risks. We explore why instructing a solicitor early on is essential.

Understanding the Legal Framework

Commercial property transactions involve complex legal documentation such as reviewing contracts, title deeds, lease agreements, and planning documents, to name just a few. By instructing an experienced commercial real estate solicitor, this ensures that these documents accurately reflect your intentions and protect your legal position. They will also identify any clauses that may expose you to undue risk.

Title Checks and Due Diligence

Before any property purchase, it’s vital to confirm the seller’s legal right to sell and identify any legal issues that might affect your intended use of the property. This involves:

• Checking whether the title is freehold or leasehold;
• Investigating restrictive covenants, rights of way and easements; and
• Verifying boundaries and access rights.

We conduct these checks as part of a full title review, ensuring there are no surprises after completion.

Property Searches: Uncovering Hidden Risks

A key part of the legal process involves conducting searches. These are essential in highlighting potential issues that could affect the value or use of the property. Some of the key searches are listed below:

• Local Authority Search – Reveals planning permissions, building regulations history, nearby developments, road schemes, and enforcement notices.
• Environmental Search – Identifies risks such as land contamination, flooding, or proximity to landfill sites, all of which can affect insurability or future liabilities.
• Water and Drainage Search – Confirms whether the property is connected to mains water and drainage, and whether there are public sewers running through or near the site.

Skipping these searches or misunderstanding their implications can lead to serious problems down the line, including planning restrictions or unexpected remediation costs.

Satisfying Lender Requirements

If you are financing the purchase through a commercial mortgage or loan, your lender will require various legal assurances before releasing funds. We liaise directly with lenders to ensure all requirements such as certificates of title, valuation issues, and search results are addressed promptly and professionally.

Final Thoughts

Buying a commercial property in England is not just a financial transaction, it is a complex legal process that requires careful attention to detail. Instructing a solicitor early not only protects your investment but gives you peace of mind that your purchase is legally sound and fit for purpose.

If you’re considering a commercial property acquisition, get in touch with Shuhel Ahmed at Gilson Gray. Our experienced Commercial Real Estate Team is here to guide you through every stage of the transaction.

Find out more about our Real Estate services here.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.