Buying business property
What to consider when buying your own business premises, financial and legal aspects, and when to use a solicitor or surveyor.
Businesses often rent their premises, but in some cases, it can be more cost-effective to buy commercial property instead.
Why consider buying commercial property?
- You might choose to buy business premises if you want to run a commercial unit and also live in part of the property.
- You believe future increases in property value could offer a strong long-term investment.
- You want stability and peace of mind, without worrying about lease renewals or large rent rises.
However, business property comes with challenges you may not face when renting commercial property. Finding commercial property for sale with vacant possession can be difficult, and commercial mortgages usually run over shorter terms than residential mortgages, so monthly repayments can be higher than rent. There is also a risk that the value of the property may fall over time, so it is important to weigh up your options carefully and seek professional financial and legal advice before committing.
Hybrid working impact on premises need
The COVID-19 pandemic required many businesses to support staff working from home, and since then, some have adopted long-term hybrid working models. In a hybrid workplace, employees split their time between home and the office, which can significantly affect how much space a business needs. Before buying commercial premises, consider whether your staff will continue to work remotely and whether a smaller, more flexible space could better match your future requirements.
What this buying business property guide covers
If you decide to explore buying business premises, you should understand all the associated costs and legal steps involved. This guide explains:
- the full costs of buying business property, including deposits, professional fees, taxes, and ongoing costs
- what to consider before you make an offer to buy a business property
- how and when to use a surveyor to assess the condition and value of the property
- how a solicitor can help you review contracts, complete legal checks, and conclude the sale
Advantages and disadvantages of buying business property
You should weigh up both pros and cons when considering buying a business property.
Buying business property can give you long-term control over your premises, but it also ties up capital and reduces flexibility, so it is important to weigh both pros and cons before deciding whether to buy or rent commercial property.
Advantages of buying business property
Buying commercial premises can be attractive if you have sufficient capital and a long-term plan for your business location. The pros of purchasing business premises include:
- Peace of mind, as you do not need to worry about lease renewals or sudden, substantial rent increases.
- Potential long-term savings, since commercial mortgage costs may become cheaper than rent once you pay down the loan.
- Ability to refinance, allowing you to release equity from the property to reinvest in your business.
- Flexibility to adapt the building, with freedom to alter and fit out the premises to suit changing operational needs.
- Greater control over repairs and maintenance, without relying on a landlord’s decisions or timescales.
- Opportunity for capital growth, as you may make a profit if the property increases in value and you decide to sell.
- Additional income streams, for example, by subletting part of the premises or letting the whole building in the future.
- Freedom to relocate by putting the property on the market, rather than being tied into a long fixed-term lease.
- More predictable budgeting when you have a fixed-rate mortgage, helping you forecast property costs more accurately.
Disadvantages of buying business property
However, there can also be disadvantages of buying business premises, these include:
- Significant capital outlay, which could otherwise be used to start, grow, or strengthen your core business, and which may be hard to recover quickly if the property market falls.
- Reduced flexibility to relocate compared with renting, as selling commercial property can take time and may cost money if values have dropped.
- Risk of negative equity or repossession if you cannot keep up with mortgage repayments during downturns or cashflow pressures.
- Time and cost associated with alterations, building works, and ongoing maintenance that you must arrange and manage yourself.
- Legal responsibilities for building safety, including compliance with fire safety and health and safety regulations, which can be complex and resource-intensive. See fire safety responsibility.
- Ongoing ownership costs such as insurance, business rates, repairs and professional fees, which continue even during void periods. See costs of buying business property.
- Potential burden of managing tenants and handling building-related risks if you decide to let or sublet part of the property.
- Reduced agility to respond to changes in how people work, such as a permanent shift to remote or hybrid working, which could leave you with more space than you need.
Deciding whether to buy or rent business property
Before committing to buying commercial property you should work out whether you should rent or buy business premises and also weigh up the advantages of renting commercial property.
Costs of buying business property
Financial considerations you should take into account when purchasing commercial premises.
When you buy commercial premises, you need to budget for one-off purchase costs and ongoing ownership costs.
Upfront costs when buying property
- Professional fees for the surveyor, solicitor, and any other professional advisers involved in the purchase of the property.
- VAT in some cases (if applicable); if your business is VAT-registered, you may be able to reclaim this.
- Stamp Duty Land Tax on the purchase price, where due.
- Search and enquiry fees, for example, local council searches, Companies House checks and Land Registry fees.
- Alterations, fit-out and refurbishment works to make the premises suitable for your business.
Ongoing property ownership costs
As a commercial property owner, you should plan for:
- Business rates are based on the property's value and assessed by Land and Property Services. See how business rates are calculated.
- Commercial property insurance to protect your building and, where needed, your fixtures and fittings.
- Repairs, routine maintenance and general upkeep of the premises.
- Running costs such as electricity, heating, water, cleaning, waste disposal and security services.
- Commercial mortgage repayments: if you finance the purchase with a loan, assess affordability carefully and speak to your bank about how much you can borrow and what security is required.
- Costs of making reasonable adjustments to improve - see disabled access and facilities in business premises.
Energy performance and efficiency
Energy performance directly affects your long-term running costs.
- The seller or builder for the new premises must provide an Energy Performance Certificate (EPC) showing the building’s energy rating and likely energy costs. See EPCs for business properties.
- Heating, boilers and air conditioning systems can significantly impact your energy bills. You can reduce costs by keeping them well-maintained and regularly inspected by qualified engineers.
Air conditioning inspection
If the property has air conditioning, check whether:
- A valid energy assessment already exists and can be handed over by the seller.
- Your systems require a formal energy inspection; inspections are required at least every five years for air conditioning equipment with an output greater than 12kW.
Make an offer to buy a business property
Understand conditional offers, lockout agreements, building survey results and raising finance for the purchase.
When you find suitable business premises, you should compare prices, make a conditional offer, secure a lockout agreement, and confirm your finance before committing to buy.
Before you make an offer to buy
- Compare the asking price with similar commercial properties in the local area to check that it is fair.
- Only proceed if the price, location, size, and condition fit your business needs and budget.
Making a conditional offer to buy
- Receiving a satisfactory building survey report.
- Being able to raise the necessary finances to complete the purchase of the property.
- Getting planning permission for any changes or alterations you intend to make
The property agent must pass your offer to the vendor. If the seller is happy with the price, they can accept; if not, you may negotiate until you reach an agreed figure or walk away.
Lockout agreements
Once your offer is accepted, ask for a lockout agreement. This normally means the agent will stop actively marketing the property and will not negotiate with other buyers during an agreed period. However, if another offer is received, the agent is usually still required to inform the vendor. In return for the lockout, you agree to progress the purchase promptly, arrange all necessary checks and surveys, and work on securing finance.
Confirming your finances to purchase
If you need a commercial mortgage, you should:
- Apply early and obtain a written mortgage offer from your lender before you legally commit to the purchase.
- Check how much the lender is willing to provide and what security they require, and make sure repayments are affordable for your business.
See commercial mortgages and lenders.
Get professional advice
It is wise to take professional financial advice when buying commercial property. An adviser can help you assess affordability, compare finance options, and understand all the risks and obligations before you proceed. See expert financial advice.
Buying commercial property: using a surveyor
A surveyor can help you negotiate insurance and contracts and give you advice on any alterations that may be required.
Using a qualified surveyor reduces risk when buying commercial property and can help you negotiate a fair price, secure finance and choose appropriate insurance.
Why use a surveyor?
Before you buy or take on a lease, you need to understand any structural or condition issues with the building, so you do not commit to a costly mistake. A surveyor assesses both the value and structure of the property, and it is usually wise to commission a full structural survey so there are no unexpected problems later and your lender is reassured that the building is a sound investment.
Small business property guide: valuations.
How a surveyor can help
A commercial property surveyor can:
- highlight defects early, helping you avoid legal disputes linked to buying, selling, leasing or letting
- reduce the risk of unexpected repair bills by identifying hidden problems
- assess whether the asking price reflects the property’s true market value
- strengthen your negotiating position by providing a detailed report on the building’s current condition
- help you avoid overpaying for insurance or choosing the wrong level of cover
- identify likely future maintenance needs, often with cost estimates to support your budgeting
What happens in a building survey?
The chartered surveyor begins with a visual inspection of the building, including floors, walls, and ceilings, looking for signs of movement, damp or timber decay. They also assess the condition of the roof coverings, gutters, downpipes, doors and windows, noting any elements that may be near the end of their useful life.
Certain items are usually excluded from a standard building survey, such as detailed checks of heating and electrical systems, underground drainage and specific materials like high-alumina cement. Separate specialist surveys are typically needed for issues like asbestos or detailed accessibility compliance.
Choosing the right surveyor
It is essential that any commercial property survey is carried out by a suitably qualified and experienced professional. Look for a surveyor who is a member of the Royal Institution of Chartered Surveyors (RICS), as this provides assurance of recognised training, standards and professional conduct. Find a RICS chartered surveyor near you.
For further information, download the RICS Small Business Property Guide (PDF, 6.5MB).
Buying commercial property: using a solicitor
A solicitor can offer valuable legal advice and support to negotiate a suitable deal when purchasing business property.
Using a specialist commercial property solicitor helps you manage legal risk and secure a fair deal when buying business premises.
Why use a solicitor for buying commercial property?
Buying commercial property is a major investment, so it is important to understand the legal implications before you commit. A solicitor who specialises in commercial property law will explain the purchase contract in clear terms and ensure you understand your rights, obligations, and any risks before you sign.
You will need to pay legal fees for this service, so ask for a fee estimate at the start and include this cost in your overall project budget.
Choose a solicitor for your business.
What a commercial property solicitor does
A good commercial property solicitor will:
- confirm that the seller has a valid legal title and can transfer ownership to you, and check that you can use the premises for your intended business activities
- negotiate and agree contract terms that protect your interests, including key conditions, timescales, and responsibilities
- explain any contractual clauses and supporting documents, so you know exactly what you are agreeing to
- handle legal enquiries and correspondence with the seller’s solicitor to resolve any issues that arise
- carry out land and property searches to identify potential problems, such as restrictions, disputes, planning issues or rights of way
- arrange for a survey to be carried out, where required, and review any legal implications arising from the survey
- provide your bank or other lenders with the information they need to be satisfied that the property is a suitable security for finance
- manage the legal process through to completion so the purchase is finalised as efficiently as possible
Buying commercial property: concluding the sale
Completing the sale of a business property including exchanging contracts, deposits, paying Stamp Duty Land Tax and Land Registry fees.
When you conclude a commercial property purchase, you move through exchanging contracts, paying any deposit, completing the sale, and dealing with tax and registration requirements.
Exchanging contracts when buying property
You are normally ready to exchange contracts when:
- buyer and seller agree the price and are satisfied with the contract terms
- your surveyor and solicitor have completed all necessary checks and land searches
- any required planning permissions for proposed alterations have been granted
- you have secured the finance needed to buy the property
At exchange, the solicitors for both sides swap signed contracts. Once contracts are exchanged, the agreement to buy becomes legally binding.
Paying the deposit
If you are paying a deposit (part of the purchase price upfront), this is normally paid on exchange of contracts. Your solicitor receives the agreed deposit from you and transfers it to the seller’s solicitor. The deposit is typically non-refundable if you later withdraw without a valid contractual reason.
Completing the sale
After exchange, you agree a completion date with the seller.
- Before completion, arrange appropriate commercial property insurance so cover is in place from the day you take ownership.
- On the completion date, your solicitor transfers the balance of the purchase price (usually using funds from your mortgage lender or other finance) to the seller’s solicitor.
- Once the funds are received, you become the legal owner and your mortgage repayments start under the agreed terms.
See commercial mortgages and lenders.
Stamp Duty Land Tax for commercial property sales
When you buy commercial property in the UK, you may have to pay Stamp Duty Land Tax (SDLT).
- SDLT is charged above a set price threshold for non-residential and mixed-use properties.
- Even if the price is below the main SDLT threshold, you will usually still need to submit an SDLT return.
- You must file the SDLT return and pay any tax due to HM Revenue & Customs within 14 days of completion.
- The amount you pay depends on the purchase price, using current SDLT bands and rates.
For further guidance, see SDLT rates for non-residential and mixed land and property.
Land Registry and title
After completion, the property title must be registered.
- For properties in Northern Ireland, your solicitor will apply to register the change of ownership with the Land Registry and pay the applicable registration fee.
- Once registration is completed, your solicitor receives the title documents or electronic title confirmation that proves ownership.
- If you have a mortgage, the lender will usually hold the title deeds or be registered as having a legal charge over the property until the loan is repaid.
Read further information about Land Registry.