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Free Guide to Hiring a Real Estate Lawyer
Boyle is a market town in County Roscommon serving a mix of retail, tourism, light industrial and agricultural activity. Commercial real estate in and around Boyle covers town-centre shops, offices, industrial units, hospitality premises and agricultural-associated commercial land. Legal matters that commonly arise include buying and selling commercial property, negotiating and drafting leases, development and planning applications, enforcing or defending title and dealing with regulatory compliance such as building control, environmental and health and safety obligations.
Commercial property law in Ireland combines national statutes, common law principles and local planning and regulatory rules set by the relevant local authority. For Boyle that local authority is Roscommon County Council. Many commercially important processes - conveyancing registration, stamp duty, tax treatment, and dispute resolution - are governed at national level and applied locally.
Commercial real estate transactions and disputes can be legally complex and carry significant financial risk. You should consider instructing a solicitor in these common situations:
- Buying or selling commercial property - to conduct due diligence, check title, prepare contracts and handle the transfer.
- Granting, taking or negotiating a lease - to draft or review heads of terms, leases, rent review clauses, break clauses, repair and maintenance obligations, service charge provisions and assignment/subletting rights.
- Development, change of use or refurbishment projects - to advise on planning permission, conditions, building control compliance and any environmental or protected-site constraints.
- Financing and security - to prepare or review mortgage documents, debentures or charges and to register security with the Property Registration Authority.
- Disputes - for rent arrears, tenant eviction, boundary disputes, defective title claims or planning law challenges - solicitors will advise on dispute resolution options and court procedures.
- Regulatory compliance - to ensure adherence to health and safety law, fire safety, workplace regulations and any sector-specific licensing such as for hotels or licensed premises.
Several legal strands are particularly relevant to commercial real estate in Boyle:
- Planning and development - Roscommon County Council administers planning applications and enforces development plan policies. If you propose a change of use, major refurbishment or new development you will normally need planning permission. Local Area Plans and the County Development Plan set zoning and land-use policies that influence what is permissible in Boyle and its environs.
- Conveyancing and title - Commercial property transfers are usually handled through solicitor-led conveyancing. Titles may be registered with the Land Registry or recorded in the Registry of Deeds. A full title investigation, including searches for charges, easements and covenants, is essential.
- Commercial leases - Leases are contractual agreements and typically cover rent, duration, rent reviews, repairs, insurance, service charges, assignment and subletting. Unlike most residential tenancies, commercial tenants generally have fewer statutory protections and lease terms are a product of negotiation.
- Building control and standards - Any construction or material change of use must comply with national building regulations and local building control procedures. Certificates of compliance and inspections may be required.
- Environmental and protected sites - Development near lakes, rivers or designated habitats can trigger environmental assessments or restrictions. Boyle is close to natural amenities where habitat protections or water quality rules may be relevant.
- Taxes and charges - Purchasers and vendors should consider stamp duty, capital gains tax, income tax or corporation tax implications, VAT treatment of supplies of commercial property and local commercial rates charged by Roscommon County Council. Tax treatment can affect structure of the transaction.
- Registration and public records - Mortgages, leases and charges should be registered with the Property Registration Authority or appropriate registry to protect legal interests.
- Health and safety and licensing - Employers and premises operators must comply with health and safety law and obtain any sectoral licences - for example for food service or alcohol sales.
Carry out title and land registry searches, planning history checks, building control records, environmental due diligence, check for outstanding charges or planning conditions, obtain survey/investigation reports on structural condition and services, and confirm rateable valuation and any tenants or lease arrangements. Your solicitor and a chartered surveyor commonly handle these checks.
Often yes. A change of use from one commercial use to another, or from residential to commercial, can require planning permission from Roscommon County Council. Whether permission is needed depends on the existing use class and the proposed new use. Check with the local planning authority early in the process.
Responsibility for repairs depends on the lease terms. Many leases place repairing obligations on the tenant, sometimes with a requirement to keep the building in good repair and return it in a certain condition. Others split responsibility between landlord and tenant. Clarify repair, decoration and maintenance obligations in writing before signing.
Assignment and subletting are governed by the lease terms. Landlords commonly require consent for assignment or subletting and may include conditions or charges. Always seek legal advice before attempting to assign or sublet to avoid breaching the lease.
Timelines vary but a straightforward commercial conveyance can take several weeks to a few months. Delays commonly arise from title issues, planning or environmental queries, finance arrangements or complex lease arrangements. Early solicitor involvement helps to identify likely timing.
Key taxes include stamp duty on transfers, VAT if applicable, and potential capital gains or income tax implications depending on the parties and transaction. Commercial rates from the local authority and other transaction costs such as legal fees, surveys and registration fees also apply. Tax treatment can be complex - consult your solicitor and tax adviser.
Take prompt action. Review the lease for remedies such as late payment interest, forfeiture rights or recovery proceedings. Where appropriate, pursue negotiation, formal demand, or legal enforcement through the courts. Eviction for commercial tenants involves specific procedural steps - seek legal advice before acting.
Yes. If your project could affect a protected habitat, water body or designated site you may need an environmental impact assessment or Natura impact assessment under EU and Irish law. The local planning authority will advise and may impose conditions or restrictions.
While not legally mandatory, a solicitor is strongly recommended. Leases should be carefully drafted to reflect negotiated terms, allocate risk appropriately, and protect your legal and commercial interests. Solicitors also handle registration and related transaction formalities.
Parties commonly use mediation, adjudication or arbitration as alternatives to court litigation. These options can be faster and less costly. Many commercial contracts include dispute resolution clauses specifying a preferred route. Discuss options with your solicitor early.
Useful bodies and resources for commercial real estate matters in Boyle include:
- Roscommon County Council - planning, building control and rates administration.
- Property Registration Authority - registration of title, folios and charges.
- Revenue Commissioners - tax and stamp duty guidance.
- Health and Safety Authority - workplace safety and compliance.
- Environmental Protection Agency - environmental regulation and guidance.
- Society of Chartered Surveyors Ireland - valuation, surveying and market data.
- Law Society of Ireland - solicitor search and guidance on legal services.
- Boyle Chamber of Commerce and local business groups - local market information and contacts.
- Citizens Information - general information on public services and rights.
If you need legal assistance for a commercial real estate matter in Boyle follow these steps:
- Gather key documents - title documents or folio number, any existing lease, planning documents, recent surveys, correspondence and any finance details.
- Identify the issue - whether you are buying, selling, leasing, developing or facing a dispute. Write down your objectives and key questions.
- Instruct a solicitor experienced in commercial property - ask about relevant experience, fee structure, estimated timeline and conflict checks. Consider also instructing a chartered surveyor and tax adviser where appropriate.
- Arrange an initial meeting - provide your solicitor with documents and ask them to outline necessary searches, likely costs and a step-by-step plan.
- Proceed with due diligence - authorise necessary searches, surveys and professional reports promptly to avoid delays.
- Use clear heads of terms - before committing to contracts, agree heads of terms that capture the main commercial points and engage solicitors to convert those into binding contracts or a lease.
Early professional advice reduces risk and helps you make informed commercial decisions. If you are unsure where to start, contact a local solicitor who specialises in commercial property and planning law for a short initial consultation.
