Best Commercial Real Estate Lawyers in Passage West

About Commercial Real Estate Law in Passage West, Ireland

Passage West is a coastal town in County Cork with a mix of retail, office, industrial, marine related and hospitality properties. Commercial real estate activity here is shaped by national Irish law, County Cork planning policy and local market conditions along Cork Harbour. Whether you are buying, selling, leasing, refurbishing or developing a site, you will be dealing with title registration, planning and building control rules, commercial rates, tax, and often maritime and flood risk issues due to the town’s waterfront setting.

Irish commercial property law is contract driven, with significant statutory overlays. Key frameworks include the Landlord and Tenant Acts for business tenancies, the Planning and Development Acts for permissions and zoning, Building Control Regulations for construction compliance, and local authority commercial rates. Many leases are full repairing and insuring leases, rent reviews must be market based, and tenants can in some cases waive statutory renewal rights subject to strict rules. Transactions rely on careful due diligence on title, planning and compliance documentation.

Why You May Need a Lawyer

You may need a commercial property solicitor in any of the following situations:

- Buying or selling a shop, office, warehouse or development site in Passage West - contract negotiation, title investigation, tax and completion mechanics

- Granting or taking a commercial lease - negotiating heads of terms, rent review clauses, repairs and service charge, break options, assignment and subletting

- Changing the use of a premises or carrying out fit out works - confirming if planning permission is required, filing a Section 5 declaration application, managing building control notices and certificates

- Developing or redeveloping a site - planning strategy, environmental considerations, contributions and agreements with Cork County Council, construction contracts and collateral warranties

- Waterfront or marine related projects - foreshore licensing and consents for works near or over the water

- Disputes - lease enforcement, dilapidations, rent arrears, service charge disputes, rights of way and access issues

- Rates and valuation matters - challenging a valuation, engaging with Cork County Council on liability and vacancy issues

- Financing and securities - loan facility negotiation, lender due diligence, registration of charges

Local Laws Overview

Planning and zoning - Passage West falls within the Cork County Development Plan 2022 to 2028 and the relevant Municipal District Local Area Plan. Development and material change of use normally require planning permission from Cork County Council. Larger or sensitive projects may require Environmental Impact Assessment or Appropriate Assessment. Development contributions are commonly applied under the Planning and Development Acts.

Building control - Construction works often require a Commencement Notice under the Building Control Regulations. Fire Safety Certificates and Disability Access Certificates are required for many non domestic buildings. Since 2014, the Building Control Amendment Regulations apply to many projects, with Assigned Certifier and compliance documentation obligations.

Business tenancies - The Landlord and Tenant (Amendment) Acts 1980 to 2019 give many business tenants a statutory right to a new tenancy after a qualifying period of occupation, typically 5 years, unless the right is properly renounced in writing before the lease is granted with prior independent legal advice. Many leases are full repairing and insuring leases. Since 28 February 2010, upward only rent review clauses in business leases are prohibited. Rent reviews must reflect open market rent and can go up or down.

Title and registration - Ownership and leasehold interests are registered with the Land Registry or Registry of Deeds, both administered by Tailte Eireann. Easements, wayleaves and rights of way are important in older harbourside areas. Verify access to services and any burdens on title.

Commercial rates - Commercial occupiers in Passage West are liable for local authority commercial rates. Valuations are determined under national valuation legislation, with revaluations and appeals available. Liability typically follows occupation, and reliefs or vacancy provisions can apply subject to conditions.

Environmental and marine - Projects near the waterfront may require foreshore consent from the Department of Housing, Local Government and Heritage. Trade effluent discharges to sewer require consent from Uisce Eireann. Certain activities are regulated by the Environmental Protection Agency. Historic or contaminated land issues should be assessed in due diligence.

Flood risk - As a harbour town, parts of Passage West are within mapped coastal flood zones. Cork County Council applies the planning system flood risk guidelines, often requiring a Site Specific Flood Risk Assessment and appropriate design and mitigation for development in Flood Zone A or B.

Taxes and costs - Stamp duty applies on transfers of non residential property. VAT may apply on sales or leases depending on the property and elections, and the Capital Goods Scheme can affect recoverability and adjustments. Legal fees, surveyor fees, planning contributions and professional reports should be budgeted.

Frequently Asked Questions

What types of commercial property are common in Passage West?

Expect small to medium retail units on Main Street, mixed office and service space, light industrial or storage facilities, hospitality premises and marine related uses due to the town’s harbour location. Older buildings may have conservation sensitivities and require careful refurbishment planning.

Do I need planning permission to change the use of my premises?

Many changes of use are material and require planning permission from Cork County Council. Some minor changes are exempt, but exemptions are narrow and subject to conditions. If in doubt, you can apply for a Section 5 declaration to confirm whether a proposal is development or exempted development. Always check your existing permission and any conditions limiting use.

How do commercial rates work and who pays them?

Commercial rates are charged by Cork County Council on non domestic properties. The occupier is usually liable. The annual bill is based on the property’s valuation multiplied by the local rate set by the Council. Leases often require the tenant to pay rates directly. If a property is vacant, different rules can apply for relief, subject to conditions and local policy.

What is an FRI lease?

FRI stands for full repairing and insuring. Under an FRI lease, the tenant takes on responsibility for repairs to the premises and contributes to insurance premiums, and often to service charge for common areas. This can be a significant financial commitment, so survey the property and negotiate caps and exclusions where appropriate.

Are upward only rent reviews allowed in Ireland?

No. For business leases entered into on or after 28 February 2010, upward only rent review clauses are prohibited. Rent reviews must reflect open market rent and can move up or down. Older legacy leases may still contain upward only provisions if signed before that date.

Do I have a right to renew my lease when it ends?

Many business tenants acquire a statutory right to a new tenancy after 5 years of continuous occupation under the Landlord and Tenant Acts. However, a tenant can renounce this right in writing before the lease is granted, provided the tenant received independent legal advice. Renewal can also be excluded for certain short term arrangements. Get advice before signing any renunciation.

What due diligence should I carry out when buying commercial property?

Key items include title investigation, planning history and compliance, Building Control certificates, Fire Safety and Disability Access Certificates, non domestic BER, services and wayleaves, environmental and flood risk reports, commercial rates position, occupational leases and rent schedules if buying an investment, and a structural and MEP survey. In Passage West, pay particular attention to coastal flood risk and any foreshore or maritime interfaces.

Is flood risk a concern in Passage West?

Yes in some areas. Parts of the town are within coastal flood zones. For development in Flood Zone A or B, Cork County Council will typically require a Site Specific Flood Risk Assessment and demonstration that the development is appropriate for the zone with mitigation. Insurers and lenders will also consider flood exposure and resilience measures.

Do I need foreshore consent for works near the water?

Possibly. Works on, under, or over the foreshore - the area between high and low water marks - generally require a foreshore licence or lease from the Department of Housing, Local Government and Heritage. Marine related commercial projects in Passage West should be scoped early for foreshore and environmental consents alongside local planning permission.

What taxes apply to commercial property purchases and leases?

Transfers of non residential property attract stamp duty at the rate in force at completion. VAT may be chargeable on sales and leases depending on the property’s status, elections to tax, and the Capital Goods Scheme. Tenants also typically pay commercial rates and insurance. Always seek tax advice and obtain VAT and stamp duty confirmations before signing.

How long does a purchase or lease usually take?

For a straightforward purchase with good title and finance in place, expect 8 to 12 weeks from agreed heads of terms. More complex or coastal properties can take longer due to planning, environmental or title issues. Leases commonly take 4 to 10 weeks depending on negotiations, landlord consents, and completion of fit out and compliance documentation.

Additional Resources

Cork County Council - Planning Department - for planning applications, pre planning meetings, Section 5 declarations and development contributions.

Cork County Council - Building Control - for Commencement Notices, Fire Safety Certificates and Disability Access Certificates.

Cork County Council - Rates Office - for commercial rates accounts, valuation queries and vacancy relief information.

Tailte Eireann - Land Registry and Registry of Deeds - for title registration, maps and property searching.

Tailte Eireann - Valuation Office functions - for rateable valuations and revaluation processes.

Valuation Tribunal - for appeals on valuations for rating.

Uisce Eireann - for water and wastewater connections and trade effluent discharge consents.

Department of Housing, Local Government and Heritage - Foreshore Unit - for foreshore licences and leases.

Environmental Protection Agency and Cork County Council Environment - for environmental licensing and compliance guidance.

Health and Safety Authority - for workplace and construction safety obligations.

Law Society of Ireland - for finding a qualified commercial property solicitor.

Office of Public Works - Flood Risk Management - for flood maps and guidance used in planning assessments.

Next Steps

1 - Define your objectives and constraints. Document the property type, size, budget, timing, intended use, and any special coastal or industrial requirements.

2 - Engage early with professionals. Appoint a commercial property solicitor, a planning consultant or architect, and a building surveyor. For waterfront projects, add an environmental consultant and marine engineer.

3 - Secure heads of terms. For purchases and leases, agree clear heads of terms that set out price or rent, rent review, repairs and service charge, break options, timelines, conditions and any landlord works.

4 - Run due diligence. Your solicitor should investigate title, planning, building control compliance, rates and tax, and coordinate searches and reports. Your surveyor should assess condition and compliance with fire and access standards.

5 - Plan permissions and compliance. Confirm whether planning permission, a Section 5 declaration, Fire Safety Certificate, Disability Access Certificate or Commencement Notice is required, and build realistic timelines into your program.

6 - Arrange financing and tax advice. Get lender requirements early, align contract conditions with funding, and obtain VAT and stamp duty advice and confirmations.

7 - Complete and register. On completion, ensure proper apportionments, handover of keys and documentation, filing of stamp duty, registration with Tailte Eireann, and setting up utilities and rates accounts.

Important - This guide is general information, not legal advice. Laws and local policies change. For a project in Passage West, consult an Irish commercial property solicitor who can advise on your specific circumstances.