Best Commercial Real Estate Lawyers in Aberdeen

About Commercial Real Estate Law in Aberdeen, United Kingdom

Aberdeen operates within the Scottish legal system, which differs from England and Wales in important ways for property and leases. The city has a diverse commercial real estate market influenced by energy, renewables, life sciences, ports and logistics, retail, and office sectors. Transactions are governed by Scots property law, with titles registered in the Land Register of Scotland and contracts typically concluded through missives. Leasing practice is well developed, with many leases being fully repairing and insuring, and development often involving detailed planning obligations with Aberdeen City Council.

Whether you are acquiring, selling, leasing, financing, or developing property, Scottish specific rules apply to title, planning, tax, environmental compliance, and dispute resolution. Understanding these rules and local practice in Aberdeen helps manage risk, cost, and timelines from heads of terms through completion and beyond.

This guide gives an overview for non-lawyers. It is general information, not legal advice on your specific situation.

Why You May Need a Lawyer

Buying or selling a commercial property in Aberdeen often involves title due diligence, negotiation of missives, Land and Buildings Transaction Tax assessments, lender requirements, warranties, and registration steps. A lawyer helps identify title defects, restrictive burdens, access and services rights, mineral reservations, and planning or environmental constraints before you are committed.

Leasing premises typically requires negotiation of terms on rent, review structure, repairs, insurance, service charge, alterations, assignation and subletting, alienation controls, break options, guarantors, and deposit arrangements. Scottish leases have features such as tacit relocation and irritancy that need careful handling to avoid unwanted extensions or termination risks.

Development projects require advice on site assembly, options and conditional contracts, overage, planning permission and listed building consent, section 75 obligations, roads and transport agreements, building warrants, collateral warranties, construction contracts, bonds, and environmental permissions. Lawyers coordinate with planners, architects, and surveyors to align legal commitments with the build and funding program.

Financing and refinancing involve standard securities, intercreditor agreements, duty of care deeds, step-in rights, and conditions precedent on title, searches, insurances, and corporate authorities. Early legal input avoids delays in drawdown and ensures lender compliance.

Disputes can arise over rent reviews, arrears, dilapidations, service charges, break notices, alienation refusals, defects, and nuisance. A lawyer advises on settlement, mediation, arbitration, expert determination, or court action in the commercial courts. They also guide you through insolvency impacts on leases and securities.

Local Laws Overview

Scottish property law and conveyancing differ from England and Wales. Ownership and long leases are registered with Registers of Scotland. Contracts for land are usually concluded via missives, and completion is protected by an Advance Notice that gives a 35 day priority period for registration. The Land Registration etc. Scotland Act 2012 underpins the one-shot registration rule, so complete and accurate applications are essential.

Leases and occupation. Scottish commercial leases generally do not have security of tenure by statute. If neither party serves valid notice to quit, tacit relocation can continue the lease on the same terms, typically for one year. Many leases set their own notice periods, but a minimum of 40 days notice before the expiry date is common practice. Termination for breach is called irritancy. For monetary defaults, statute requires a written warning and a minimum period to pay before irritancy can take effect, typically at least 14 days. Always check your lease wording and current law.

Land and Buildings Transaction Tax. LBTT applies to commercial purchases and to leases based on the net present value of rent and any premium. Returns are required on completion of purchases and on leases at grant and at three-yearly review points, as well as on assignation and termination events. Rates and thresholds are set by the Scottish Government and change from time to time. Revenue Scotland administers LBTT and publishes current guidance.

Planning and development. Planning in Aberdeen is governed by the Town and Country Planning Scotland Act 1997 and the Aberdeen Local Development Plan, with National Planning Framework 4 setting national policy. Most material changes of use and physical works require planning permission, and listed building consent may be needed for heritage assets. Use classes in Scotland are set by the 1997 Use Classes Order as amended, which differs from England. Some uses such as hot food takeaways are often sui generis. Section 75 obligations can secure infrastructure or affordable workspace contributions. Building works require a building warrant under the Building Scotland Act 2003 and a completion certificate before occupation.

Non-domestic rates. Business rates are based on rateable value set by the local Assessor. In Aberdeen, the Grampian Assessor covers Aberdeen City. Aberdeen City Council bills and collects rates and applies reliefs where available, such as small business or sector-specific reliefs set by the Scottish Government.

Energy and environmental. Non-domestic buildings require an Energy Performance Certificate on sale or lease. Larger buildings may require a section 63 action plan or a valid Display Energy Certificate and improvement measures under the Non-Domestic Energy Efficiency Scotland Regulations. Environmental due diligence should consider contaminated land under the Environmental Protection Act 1990, flood risk, protected habitats, and permits with the Scottish Environment Protection Agency. Asbestos management, water hygiene, and waste duties also apply.

Health and safety and fire. The Construction Design and Management Regulations 2015 apply to building works, imposing duties on clients, designers, and contractors. Occupiers must comply with the Fire Scotland Act 2005 and carry out fire risk assessments and implement measures appropriate for the use.

Telecoms and utilities. Wayleaves and servitudes grant access for electricity, water, gas, and drainage. Telecoms operators have statutory rights under the Electronic Communications Code. Agreeing robust wayleaves and understanding statutory rights reduces the risk of future interference with development or management.

Lending and securities. Lenders in Scotland take a standard security over heritable property. Additional security may include floating charges, share pledges, and assignments of rental income. Lenders typically require legal opinions, reliance letters, and collateral warranties from the professional team on developments.

Frequently Asked Questions

How are commercial leases structured in Scotland

Most Aberdeen commercial leases are fully repairing and insuring. Tenants pay rent, insurance contributions, and service charges for common parts. Leases set out use restrictions, alterations controls, alienation rules on assignation and subletting, rent review mechanisms, break options, and end of term obligations. Because there is no statutory security of tenure, all renewal and exit rights are a matter of negotiation and the lease wording.

What is tacit relocation and how do I avoid it

Tacit relocation is the automatic continuation of a lease when neither party gives valid notice to quit by the required deadline. It usually continues for one year on the same terms. To avoid it, serve and document compliant notice within the period stated in your lease. If the lease is silent, a minimum of 40 days notice before the expiry date is generally required. Take advice early to get the form, timing, and service method right.

What taxes apply when buying or leasing commercial property

Land and Buildings Transaction Tax applies to commercial purchases and to leases based on the net present value of rent and any premium. Returns are time sensitive. VAT may be chargeable, particularly where the landlord has opted to tax, and a transfer of a going concern may change how VAT is applied. Rates and rules can change, so obtain current tax advice before you sign.

What due diligence should I do before buying a site or building

Expect title and plan checks with Registers of Scotland, searches for burdens and servitudes, mining and mineral reservations, utilities and wayleaves, roads status and access, planning history and enforcement, building regulation compliance, environmental and flood risk, asbestos and hazardous materials, and non-domestic rates position. For income assets, review leases, arrears, service charge history, compliance certificates, and maintenance records. Commission a survey and, where appropriate, environmental and structural reports.

Do I need planning permission to change the use of premises in Aberdeen

Many changes of use require planning permission. Scotland uses the 1997 Use Classes Order as amended, which is different from England. Some moves within the same class may be permitted development, but others, such as hot food takeaway, are often sui generis and require consent. Always check proposed use against Aberdeen City Council policy and seek pre-application advice where timing is critical.

How are rent reviews handled

Rent reviews are set by the lease. Common methods are open market rental value, indexation to an inflation measure, or stepped increases. Open market reviews often assume factors such as a hypothetical lease and may be upward only. Reviews are frequently determined by a third party surveyor acting as expert or arbitrator if parties cannot agree. Time limits and service of notices matter, so diarise review dates and procedures.

What is dilapidations and how can I manage end of lease costs

Dilapidations are claims for breaches of repair, redecoration, and reinstatement obligations. Landlords often serve a terminal schedule near lease end. Tenants can reduce exposure by agreeing a schedule of condition at the start, maintaining the premises, seeking landlord consent for alterations with clear reinstatement terms, and planning exit works early. Expert surveyor input and legal review of the lease obligations usually lead to better outcomes or negotiated settlements.

How long does a commercial conveyancing transaction take

Simple investment purchases with cooperative parties and clean title can complete in four to eight weeks. Factors that extend timelines include complex title issues, third party consents, funding conditions, planning dependencies, environmental concerns, cross border parties, or portfolio deals. Building in time for LBTT, registration, and any pre-completion conditions is essential.

What protections do lenders usually require on development deals

Lenders commonly require a standard security, assignment of rental income and key contracts, step-in rights, collateral warranties from contractors and consultants, evidence of planning and building warrants, insurances with lender interest noted, and compliance certificates. They also require conditions precedent such as clean searches, corporate authorities, and an advance notice to protect registration.

What happens if my landlord or tenant becomes insolvent

Insolvency can affect payment obligations, access to premises, and the ability to end or transfer the lease. Landlords consider irritancy for arrears subject to statutory notice and moratoria. Tenants may face administrators seeking to assign leases or negotiate rent. Guarantees, rent deposits, and subleases also play a role. Prompt legal advice helps protect your position and comply with insolvency rules.

Additional Resources

Registers of Scotland - for title sheets, plans, and registration practice in the Land Register of Scotland.

Revenue Scotland - for guidance and forms on Land and Buildings Transaction Tax for purchases and leases.

Aberdeen City Council Planning Service - for planning policy, applications, pre-application advice, and building standards including building warrants and completion certificates.

Grampian Assessor and Valuation Joint Board - for non-domestic rateable values in Aberdeen and processes for revaluation and appeals.

Scottish Environment Protection Agency - for environmental permits, flood risk information, and contaminated land guidance.

Health and Safety Executive - for workplace and construction safety including CDM guidance.

Law Society of Scotland - for finding solicitors and understanding professional standards and complaints processes.

Scottish Land Commission - for land rights and responsibilities guidance relevant to development and ownership.

Royal Institution of Chartered Surveyors Scotland - for professional standards and practice guidance on valuation, dilapidations, and property management.

Scottish Courts and Tribunals Service - for commercial court procedures and dispute resolution options, including sheriff court commercial actions and Court of Session.

Next Steps

Clarify your objectives, budget, and timeline. Decide whether you are buying, leasing, refinancing, or developing, and prepare a clear brief that sets out must haves, nice to haves, and red lines on risk and flexibility.

Engage the right professional team. In most cases you will need a Scottish commercial property solicitor, a chartered surveyor for valuation and rent advice, and where relevant a planning consultant, architect, and environmental and building survey specialists. For funded projects, speak to your lender early about their requirements.

Prepare key documents. Gather company details, proof of identity for anti money laundering checks, existing leases or title documents, plans, licenses, compliance certificates, insurance policies, and any correspondence or notices related to the property.

Agree heads of terms carefully. Heads should cover price or rent, rent review, incentives, repairs, service charge caps, alienation, break options, conditions precedent such as planning or funding, timescales, and responsibility for costs. Clear heads reduce negotiation time and misunderstandings.

Plan for tax and costs. Obtain up to date LBTT figures, VAT advice, and an estimate of legal, survey, registration, and professional fees. For leases, factor in LBTT returns at grant and three yearly reviews, any rent deposit, and fit out costs.

Align legal steps with practical delivery. For acquisitions and leases, coordinate surveys, planning checks, and fit out design with contract and completion dates. For developments, map the sequence for planning, section 75 agreement, building warrant, tendering, funding drawdowns, and practical completion.

Manage notices and compliance. Diarise critical dates for entry, rent reviews, break notices, service of any consents, LBTT filing deadlines, insurance renewals, and lease end obligations to avoid unintended consequences such as tacit relocation or loss of a break right.

Consider dispute resolution early. Where issues arise, discuss negotiation, mediation, expert determination, or arbitration before litigating. Ensure any ADR mechanism in your lease or building contract is followed and that notices are properly served.

Take legal advice specific to Aberdeen and Scotland. A local commercial real estate solicitor can assess your particular property, sector, and documents, explain your options, and protect your position at each stage.

This guide is general information. If you need tailored advice on commercial real estate in Aberdeen, contact a Scottish qualified commercial property lawyer to review your situation and provide recommendations.