Keeping your business moving.
Clark Boyle has been working with businesses across Scotland since we launched the company in 1985 and we enjoy close working relationships with our commercial clients.
This familiarity allows us to build a detailed understanding of how each business works and helps us to ensure our clients have the space and flexibility in which to flourish. Buying, selling or leasing commercial property can be very involved and you’ll require expert legal assistance to ensure you get exactly what your business requires. Our specialist team has an in-depth understanding of the commercial conveyancing process and can advise on a whole range of matters not associated with residential property transactions – from planning and VAT, to environmental concerns and building regulations. Our aim is to allow you to focus on growing your business by making every step as straightforward as possible. Our considerable experience and expertise help us confirm contracts and leases are robust, maintaining your property rights and providing appropriate levels of security.
Get in touch
To talk to our team about your business and our commercial conveyancing services, call us on 0141 227 2200 or use the contact form below.
Frequently Asked Questions
We put your needs at the heart of everything we do
Do I need a lawyer to look over the paperwork for the lease of a commercial property?
Yes. A lease is a legally binding document and it is extremely important that you obtain legal advice before committing to one. We have extensive experience in advising landlords and tenants. We are able to provide advice from the initial stages, prepare and revise all types of lease documentation and provide comprehensive advice to ensure our client is adequately protected throughout the duration of the lease.
Will I have to pay Land and Buildings Transaction Tax (LBTT) on the purchase of a commercial building? What if I just lease it?
LBTT (the Scottish equivalent of Stamp Duty Land Tax) is payable on commercial property purchases where the price is over £150,000. LBTT is also payable on some leases depending on the terms. The tax position in respect of leases is complex and it is essential that legal advice is taken to ensure that the appropriate tax return is made and the correct amount of tax is paid. A failure to do so could result in a penalty being issued by Revenue Scotland.
I am interested in taking on a lease of commercial property. I have been told the lease has to be FRI. What does this mean?
This stands for Full Repairing and Insuring and is standard for commercial leases in Scotland. These leases can often be onerous for the tenant as they will generally be responsible for the maintenance and upkeep of the building as well as the payment of insurance premiums. Fortunately, there are many ways in which a tenant’s liability can be limited and you should contact us at the outset of negotiations to ensure these are included in the lease.
What should I check before buying a commercial property at auction?
As soon as your bid is accepted at a property auction, you are committed to purchasing the property. This makes it far riskier than purchasing a property on the open market. It is essential that you obtain the legal pack for the property from the auctioneer prior to the auction and that you instruct a solicitor to review it. This means there is a much greater chance of picking up legal problems with the property prior to the auction and you can therefore make an informed decision as to whether or not you wish to purchase the property.
Need further advice?
If you have a question that isn’t covered in our FAQ’s or need further advice, please use the contact form below to send your request. A member of the team will be in touch with you shortly to respond to your query.
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