Commercial Property Solicitors in Ireland

Property is a major asset, an operational necessity and often an important source of business finance. Alastair Purdy LLP provides commercially focused advice on the legal aspects of owning, occupying, transferring and financing property in Ireland.

We advise business owners, commercial landlords and tenants, investors and companies on property transactions, occupation arrangements and financing. Our approach is to identify material title and contractual risks early, address them proportionately and help clients complete on clear, workable terms.

We advise on purchases, disposals and transfers of freehold and leasehold property, including offices, shops, industrial units, warehouses and other business premises. We review and negotiate contracts, investigate title, deal with property searches and coordinate closing and registration. We also assist with transfers of property as part of business reorganisations and changes in ownership.

Commercial leases have long-term consequences for cost, operational flexibility and the use of premises. We advise landlords and tenants on new leases, lease renewals, assignments, subletting and surrenders. Our advice addresses rent and rent review, break rights, repairs, service charges, insurance, permitted use, alterations, yielding up, guarantees and other material terms.

Where premises are being fitted out, developed or altered before occupation, we can review and negotiate agreements for lease and related conditions. We examine the timetable, works obligations, completion triggers, access arrangements and responsibility for delays. Early legal input can help businesses avoid committing to terms that do not fit their operational plans.

We prepare and review licences to occupy, short-term occupation arrangements, licences for works, access agreements and related property consents. We also advise on easements, rights of way, wayleaves and service rights. The distinction between a lease and a licence is legally important; we consider the substance of the proposed arrangement and not simply the heading on the document.

Before a property is acquired, leased or accepted as security, its legal position should be understood. We investigate ownership, registered and unregistered title, title maps, mortgages and burdens, rights of way, restrictions, leases, access and services. We review relevant legal planning and building control materials, and liaise with engineers, surveyors and other specialists on technical matters as appropriate. We report on issues that could affect occupation, value, financing or a future sale.

We assist with the property aspects of refinancing, new borrowing and other transactions secured on land or buildings. Depending on the transaction and our agreed role, this includes investigating the borrower’s title, reviewing existing mortgages, charges and their priority, considering restrictions on dealings, reviewing property security documentation and arranging releases or discharges. We address title requirements stipulated by the lender, certificates or reports on title where appropriate to our appointment, and the registration of new security. Our focus is on identifying issues that could delay drawdown, undermine the proposed security or create difficulties on a future sale.

Property issues can be material to a share purchase, asset acquisition, business sale or corporate reorganisation. We support the corporate transaction process through property due diligence, lease reviews, consent requirements, title and security checks, and property transfer documentation where needed.

We advise on the contractual aspects of rent reviews, lease variations and disputes concerning occupation rights, repairs, access and other lease obligations. Where a dispute develops, property and litigation issues can be considered together.

At the outset, we identify the transaction objective, key documents, parties and timetable. As legal issues arise, we explain the available options: resolve the matter, allocate the risk in the documents or decide whether further investigation is justified. We work with agents, funders, counterpart solicitors and other advisers where required.

For related matters, see our corporate advisory services and litigation and dispute resolution services.

It is a legal review of the property before you buy, lease or take security over it. Depending on the transaction, it may cover ownership, title restrictions, access, rights of way, leases, charges and the available planning and building-control documentation. A solicitor’s legal review does not replace an engineer’s or surveyor’s physical assessment.

A lease can determine rent liabilities, repair obligations, permitted use, future flexibility and the cost of leaving the premises. We examine the commercial terms and explain where amendments or further enquiries are needed before you commit.

The lender’s requirements and the existing title dictate the work. Common issues include ownership, registered burdens, prior mortgages, necessary consents, releases of existing security and arrangements for registration of the new charge.

Whether you are negotiating a commercial lease, buying or selling premises, reviewing title or refinancing property, contact Alastair Purdy LLP to discuss the legal work involved and the next steps.

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