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Selling commercial property
Commercial property sale solicitors in Scotland
Selling commercial property is a significant decision. We identify issues early, prepare the documents a buyer will ask for and negotiate a contract that protects your interests, so the sale completes as quickly as possible.
A smoother sale from day one
The best way to avoid delays is to prepare before the property goes on the market. Here is how we help.
Selling with us
Our solicitors help you decide whether a transaction suits your short and long-term business objectives, whether you are selling one property or part of a portfolio. We focus on your priorities and protect your interests throughout, keeping the process as simple as possible.
From the outset we tell you what a buyer is likely to ask for, so you can get it ready. We identify the documents that are really needed and negotiate the contract terms case by case.
Preparing your property for sale
The most effective way to avoid delays is to prepare before the property goes on the market. We help you gather:
- Title deeds and plans
- Property enquiry certificate
- Planning consents and building warrants
- Completion certificates
- Energy Performance Certificate
- Leases and rent information
- Service charge records
- Asbestos and fire safety reports
If there are gaps, such as missing building warrants or an unclear boundary, we can usually deal with them before a buyer raises them. If the building is over 1,000 square metres, the energy assessment and action plan rules for sales should be checked early too.
Selling an investment property
Selling a tenanted property brings extra issues, including how the leases are presented, apportioning rent and service charge, and whether VAT applies. If the sale meets the conditions for a transfer of a going concern, it can be outside the scope of VAT.
We give prompt, practical advice at a reasonable cost, and we identify and manage the risks every sale carries, so the buyer’s questions are answered quickly and the sale stays on track.
Selling development land
Development sites, whether for housing, offices, industrial and warehouse space, retail or mixed-use leisure and hotel schemes, often need more complex arrangements, such as:
- Option agreementsGiving a developer the right to buy the land within a set period.
- Conditional missivesContracts that only become unconditional once planning permission is granted.
- OverageAn extra payment to the seller if the land later increases in value through development.
- Phased salesSelling a larger site in stages over time.
At a glance
- Preparation
- A sales pack with title, searches and property information speeds up the sale
- Contract
- Concluded through missives between the solicitors
- Lender
- Any standard security over the property is discharged at settlement
- Tax
- VAT, transfer of a going concern and Capital Gains Tax considered early
Thinking of selling? Talk to us before you market the property and we will help you get the paperwork ready.
Book a free* consultation0141 471 9166*Free initial consultation of up to 30 minutes.The commercial sale process
- Instruction and preparationWe review your title and prepare the sales pack.
- Offer and missivesA buyer’s offer is received and we negotiate the missives on your behalf.
- Buyer’s due diligenceWe answer the buyer’s enquiries and deal with any title issues.
- SettlementThe price is paid, your lender is repaid and the disposition is delivered.
- After the saleWe arrange the discharge of any standard security and account to you for the proceeds.
Questions we are often asked
How long does it take to sell a commercial property?
Once a buyer is found, a straightforward sale often concludes in six to ten weeks. Preparation before marketing can shorten this.
Who pays LBTT on a sale?
The buyer pays Land and Buildings Transaction Tax. As the seller you may need to consider Capital Gains Tax or Corporation Tax on any gain.
Do I need to charge VAT?
Only if you have opted to tax the property or it is a new commercial building, and the sale does not qualify as a transfer of a going concern. We will check this with your accountant.
What if I cannot find my title deeds?
Most titles are now held on the Land Register of Scotland, so copies can be obtained. We can also deal with older titles that are still in the Sasine Register.
Can you help if I am selling at auction?
Yes. We can prepare the legal pack and auction contract and complete the sale.
Get in touch
Speak to a senior business solicitor
Every business matter is different, so we start by listening. Tell us what you are dealing with and we will give you clear, practical advice and an honest view of the likely cost.
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- Free* first consultation
- Glasgow based, advising across Scotland
Your legal team
Senior solicitors on every matter
Your matter is handled by experienced solicitors who know Scots business law and will explain your options in plain English.
Billy Smith
Director and Solicitor. Set up the firm in 2010 to deliver legal services better.
Emma King
Director and Solicitor. Joined in 2011 and keeps the firm’s service excellent.
Scott Stevenson
Associate Director. Calm, composed and logical under pressure.
Ciara Young
Associate Director. Trained with the firm from 2019.
Not sure who you need?
Tell us about your matter and we will put you in touch with the right solicitor.