A guide to commercial property law

The team at Hay & Kilner has come together to create our very own guide to navigating the realm of commercial property law. We recognise that this area of law can be as confusing as the property market, but our goal is to simplify and clarify the ins and outs, ensuring you are well-equipped to make informed decisions.

Whether you're a seasoned investor or stepping into commercial real estate for the first time, we hope this guide offers you a good starting point.

Commercial property law in the UK: The basics

Let’s begin with the basics — a commercial property can be defined as an office, retail space, industrial site, and anything in between. Commercial property law in the UK covers the rules and procedures that must be followed when buying, renting, using, or selling any property intended for business use.

This area of law is vital as it ensures that everyone involved in these transactions — from property owners to tenants — follows local and national regulations. In turn, this helps protect stakeholders’ interests and rights.

Understanding these laws is essential for anyone involved in commercial property, ensuring that their dealings are both efficient and legally compliant.

The different types of property law in the UK

In the UK, property law is divided into several key areas, each addressing different aspects of property and land use.

Commercial property law

This sector focuses on properties used for business purposes, such as offices, shops, and factories. It covers topics like leases, property sales, and tenant rights specific to commercial properties. It ensures that businesses can operate efficiently while complying with legal standards.

Land law

Also known as ‘the law of real property’, this branch deals with matters related to the ownership and use of land. It includes issues such as rights over land (e.g rights of way), the registration of land ownership, and disputes over boundaries.

Planning law

Planning law is concerned with how land is developed and used. It regulates the processes and permissions required to build on or change the use of land. It can also involve working with local authorities to ensure developments meet local planning policies.

Residential property law

This area deals with issues related to homes and dwellings. It covers the buying and selling of houses, landlord and tenant relations, and housing disputes. Residential property law ensures that the rights and responsibilities of homeowners, renters, and landlords are clearly defined and protected.

Agricultural property law

Agricultural property law specialises in issues related to farms and rural land. This includes the management of agricultural leases, sales and purchases of farmland, and rights specific to agricultural property.

What are the key areas of commercial property law?

We know that commercial property law is a complex field, encompassing various aspects needed for the smooth operation of business properties. So let’s take a closer look at the key areas within the field.

Leasing and tenancy agreements

Leasing a commercial space requires careful legal planning. Our lawyers are skilled in creating lease agreements that protect your rights and financial interests while also supporting your business's operational needs.

Property acquisition and disposal

Buying or selling a commercial property involves complex legal considerations. Our team provides thorough due diligence to ensure your property complies with all regulations and that your investment is secure.

Development and planning

Understanding and complying with planning laws is vital for property development. Our lawyers will help you obtain the necessary permissions from planning authorities.

Property dispute resolution

Disputes can disrupt your business — but we are experts in resolving property-related conflicts, such as lease issues, boundary disagreements, and breaches of covenant, using negotiation, mediation, or litigation methods.

The role of commercial property lawyers

At Hay & Kilner, our commercial property lawyers are legal experts who specialise in matters related to business properties. Their role is essential in guiding clients through the complexities of buying, leasing, managing, and selling commercial real estate.

We can offer you the following commercial property law advice:

• Negotiating and drafting leases and sale agreements
• Handling property disputes and litigation
• Advising on property development and land use
• Assisting with property finance and investment

We always ensure that all transactions comply with the law, protecting our clients' interests at every stage. We also handle disputes, negotiate on behalf of their clients, and provide advice on contracts and regulations.

Whether you're a business owner, an investor, or a landlord in the commercial sector, having the guidance of a skilled commercial property lawyer can help you navigate any legal challenges — all while ensuring smooth property transactions.

Hay & Kilner: Your partner in commercial property law

If you’re looking for expert legal advice and services in commercial property law in the North East, we’re only a message away. We pride ourselves on building strong relationships with our clients, understanding their unique needs, and providing straightforward and practical legal advice.

Contact our team today to enhance your commercial property management strategy and secure your investments with confidence.