Commercial Conveyancing

We carry out the legal due diligence, confirming that the title is clear, handling the contract negotiations, and overseeing the transfer of funds. We also advise on planning, environmental regulations, and other compliance matters, helping you navigate what can be a complex area of Irish property law. Our aim is a smooth, legally sound transaction that reduces the risks involved in acquiring commercial property.

We prepare and review the contract for sale, confirm that the sale meets all legal requirements, and handle the transfer of the title. We advise on the tax implications, manage the property searches, and respond to enquiries from the buyer’s solicitor. Our involvement keeps the sale efficient and legally sound, while protecting your business interests throughout.

Commercial, or non-residential, property attracts a flat rate of stamp duty of 7.5%, which is paid by the buyer and calculated on the VAT-inclusive price. Where commercial property is acquired indirectly by buying shares in a company that derives its value from Irish property, stamp duty of 7.5% can also apply. Your solicitor calculates the duty and files the return with Revenue as part of the transaction.

It often does, which is one of the ways commercial transactions differ from residential ones. The sale of a newly developed commercial property, broadly one developed within the previous twenty years, is generally subject to VAT at 13.5%, while the sale of an older property is usually exempt. In some cases, the parties can jointly opt to apply VAT to a sale, for example to protect the seller’s earlier VAT recovery. The rules are detailed and fact-specific, so we advise on the VAT position case by case, working with your accountant or tax adviser where needed.

We review and negotiate the lease terms, advise on your rights and obligations, and explain key clauses such as rent reviews, repair and maintenance responsibilities, break options, and termination. Two points are worth noting. A business tenant in continuous occupation for at least five years may acquire a right to a new lease under the Landlord and Tenant (Amendment) Act 1980, although this right can be formally renounced. In addition, upward-only rent review clauses are not enforceable in leases created after 28 February 2010. We make sure the terms are fair and workable for your business, whether you are a landlord or a tenant.

Yes. Whether the transaction involves factories, warehouses, business parks, development sites, pre-1963 buildings, shopping centres, retail units, or any other commercial space, we provide expert guidance for large-volume and portfolio acquisitions. We can advise on the structure of the deal, including the purchase of a property-holding company rather than the property itself, the financing arrangements, and any disputes that arise, so that the transaction is secure and efficient.