18th May 2026 ❘

Commercial Property Solicitors: Common Legal Pitfalls When Buying or Leasing Business Premises

Commercial property solicitors advising businesses on leases and property transactions

Commercial property transactions can be exciting opportunities for growth, investment or relocation, but they can also expose businesses to significant financial and legal risk if key issues are overlooked.

What Businesses Should Check Before Buying Commercial Property

Whether you are purchasing premises or taking on a commercial lease, carrying out proper legal due diligence is essential before contracts become binding.

At Burnetts, our Commercial Property solicitors regularly advise businesses, investors and developers, not just across Cumbria and the North East, but nationally, on acquiring or leasing commercial property.

Common Problems in Commercial Leases

Commercial leases are often heavily weighted in favour of landlords and can contain obligations that become costly over time.

Businesses should carefully review:

  • Rent review clauses
  • Repair and maintenance obligations
  • Service charges
  • Break clauses
  • Restrictions on use or alterations
  • Dilapidation liabilities at the end of the lease

What may initially appear to be a straightforward agreement can create significant long-term financial commitments if not properly negotiated.

Hidden Repair Obligations in Commercial Property Leases

One of the most common issues businesses face is unexpectedly inheriting responsibility for expensive building repairs.

Some leases require tenants to:

  • Repair structural defects and put the property in a better state of repair than was handed over to them
  • Contribute towards significant works relating to the building fabric or common areas through a service charge (for example, the repair of a roof)

Without detailed legal review and building surveys, these liabilities can quickly become expensive.

Planning Permission and Property Use Restrictions

Businesses should always ensure the property can legally be used for its intended purpose.

Issues can arise where:

  • Planning permission is inadequate for a proposed use or restricted
  • Previous alterations lack approval
  • Listed building regulations apply
  • Future development plans affect the site

Failure to identify planning issues early can delay transactions or impact commercial operations.

Environmental Risks in Commercial Property Transactions

Environmental risks are becoming increasingly important in commercial property transactions.

Potential issues may include:

  • Contaminated land
  • Flood risk
  • Historic industrial use
  • Waste or pollution liabilities

In some cases, property owners and tenants can become responsible for costly remediation work, even where contamination pre-dates ownership.

Why Due Diligence Is Essential in Commercial Property Transactions

Before completing any commercial property transaction buyers and tenants should ensure proper due diligence is carried out.

This typically includes reviewing:

  • Title documents
  • Rights of access and restrictions
  • Lease obligations
  • Planning permissions
  • Search results (including environmental searches)
  • Replies to enquiries asked of the seller or landlord

Early investigation helps identify risks before legal commitments are made and can prevent costly problems later.

Why Legal Advice Matters When Leasing or Buying Commercial Property

Commercial property transactions often move quickly, but rushing into agreements without specialist legal advice can expose businesses to unnecessary risk.

Our Commercial Property team works closely with businesses, investors and developers to ensure potential risks are identified and addressed before contracts become binding.

We provide practical, commercially focused advice on:

Speak to Burnetts’ Commercial Property Solicitors

If you are buying or leasing commercial property, early legal advice can help protect your investment and avoid costly complications.

Please contact us and you can speak with one of our Commercial Property Solicitors today.