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Commercial Property

 

Frequently Asked Questions

 

1. How much will it cost?

This will depend on a number of factors but is usually based upon the amount of time which is spent on the work. Solicitors and legal representatives charge an hourly rate and you will be provided with details of the hourly rate at the outset of your transaction. In addition, in most cases you will also be given an estimate of the likely legal costs at the start of the transaction.

In addition to our charges it may also be necessary for you to pay additional costs to third parties. These depend on the nature of the transaction but may include search fees and Land Registry fees. These are known as disbursements. We will provide you with details of any disbursements and the costs of the same at the start of the transaction.

 

2. How long will it take?

This depends on the nature of the transaction and the amount of work which needs to be carried out. We will usually be able to give you an indication of the timescale when we have received the documentation relating to the transaction. If you have a specific deadline that needs to be achieved then this should be discussed with us at the earliest opportunity.

 

3. Who will be dealing with my transaction?

You will be informed at the beginning of the transaction who will be dealing with your transaction on a day to day basis. This will be the person who will keep you up to date with the progress of the transaction and who you should contact if you have any questions or queries.

 

4. Do I need to carry out searches on the property that I would like to buy/rent?

We would always strongly recommend carrying out searches in cases where a client is intending to buy or rent a property.

The usual searches that we would recommend be carried out in all transactions are a local search, a water and drainage enquiry and an environmental search. There may also be other searches which we recommend depending on the particular property and its location and this is something which we will discuss with you at the beginning of your transaction and we will also provide you with details of the costs of the searches at this time.

If you are obtaining a mortgage to buy a property then your mortgage lender will require that searches are carried out.

 

5. Will I have to pay Stamp Duty Land Tax?

Stamp Duty Land Tax is a tax paid to H M Revenue and Customs and may be payable both on the purchase of a property and also where a tenant enters into a lease.

The amount of stamp duty land tax payable on a purchase depends on the purchase price paid for the property. For commercial property, stamp duty land tax is currently charged at 1% of the whole purchase price where the cost of the property is over £150,000 up to £250,000. If the cost of the property is over £250,000 up to £500,000 then stamp duty is charged at 3% of the whole purchase price and, if the cost of the property is over £500,000, then stamp duty is charged at 4% of the whole purchase price.

You should note that if VAT is payable in addition to the purchase price then stamp duty land tax is payable on the whole amount of the purchase price plus VAT.

Stamp duty land tax may also be payable on leases. This depends on how long the lease is for, whether any capital payment was made for the lease and the rent payable. This is something which we can calculate for you when we have details of your lease.

There are a number of forms which may need to be sent to H M Revenue and Customs on completion of your purchase or lease and penalties may be imposed by the Revenue if the forms are not received within their strict time limits. We can prepare the forms for you for your signature and submit the same to the Revenue on your behalf.

 

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