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Find a Lawyer in TacomaAbout Commercial Real Estate Law in Tacoma, United States
Commercial real estate law in Tacoma covers the legal rules and processes that apply to owning, buying, selling, leasing, developing and financing nonresidential property in the city and Pierce County. Common property types include office buildings, retail centers, industrial sites - including facilities around the Port of Tacoma - mixed-use projects, and vacant land intended for commercial development. Laws that matter include city zoning and land-use regulations, state environmental and growth management laws, permitting and building codes, tax and assessment rules, and contract and property law that govern transactions, leases and construction.
Why You May Need a Lawyer
Commercial real estate transactions often involve significant financial exposure and complex legal issues. You may need a lawyer when you are negotiating or drafting a lease, buying or selling property, arranging financing, developing or subdividing land, resolving boundary or easement disputes, addressing environmental contamination, defending or enforcing mechanics lien claims, responding to condemnation or public acquisition, or handling zoning and permit approvals. A lawyer helps identify legal risks during due diligence, negotiates favorable contract terms, structures transactions to reduce liability and tax exposure, and represents you in disputes or regulatory proceedings.
Local Laws Overview
Tacoma sits in Pierce County and is subject to a mix of municipal, county and state regulatory regimes that are especially relevant to commercial real estate:
- Zoning and land-use controls are set by the City of Tacoma through its municipal code and comprehensive plan. These rules determine permitted uses, density, height limits, parking requirements and design standards for properties inside the city. Projects often require permits, conditional use permits or variance requests depending on the scope.
- Development permits and building permits are issued by Tacoma planning and permitting departments. Commercial projects typically need building permits, site-development permits, grading and stormwater approvals, and inspections to confirm compliance with the building code and local standards.
- Washington State growth and environmental laws influence local development. The Growth Management Act affects comprehensive planning and concurrency, while the State Environmental Policy Act - SEPA - may require environmental review for projects with potential significant impacts. Shoreline and critical-areas regulations apply near water bodies, wetlands and landslide-prone zones.
- Environmental cleanup and contamination are governed at the state level by the Department of Ecology and federally by environmental statutes. Buyers and developers should consider environmental due diligence, potential cleanup obligations and available brownfield or voluntary cleanup programs.
- Taxes, assessments and recording are managed locally. Property tax assessments and levies are administered by Pierce County assessors and treasurers. Deeds, easements and liens are recorded at the Pierce County Auditor or Recorder office, and title insurance plays an important role in protecting ownership interests.
- Construction law, including lien rights and contract requirements, follows state statutes that establish procedures for mechanics liens, pre-liens, retainage and notice requirements. Public projects and public-rights-of-way may also involve prevailing wage rules and additional contracting obligations.
- Special local factors include the Port of Tacoma and industrial land uses, historical preservation overlays in certain Tacoma neighborhoods, and local economic development incentives or tax-abatement programs that may affect commercial projects.
Frequently Asked Questions
What steps should I take before buying commercial property in Tacoma?
Conduct comprehensive due diligence: obtain a title report and title insurance, review surveys and easements, inspect the property and building systems, order environmental assessments if there is a contamination risk, verify zoning and permitted uses, confirm utility and access issues, review leases if the property is tenant-occupied, and assess taxes and operating expenses. Work with a real estate attorney and appropriate technical consultants to identify legal or physical risks before closing.
How does zoning affect what I can do with a commercial property?
Zoning regulates permitted uses, building size, setbacks, parking, signage and other development standards. Before acquiring or redeveloping property, check the applicable zoning district and any overlay districts in the City of Tacoma code. If your intended use is not permitted, you may need a conditional use permit, variance or rezoning application. A lawyer or land-use consultant can help navigate approval processes and appeals.
What are the typical types of commercial leases and what should I look for?
Common lease types include gross leases, modified gross leases and net leases - including single-net, double-net and triple-net (NNN) leases. Key lease issues include rent and escalation clauses, responsibility for taxes and operating expenses, maintenance and repair obligations, common area maintenance (CAM) charges, tenant improvements and build-outs, assignment and subletting rights, exclusivity and use restrictions, insurance and indemnity, default remedies and termination rights. Have a lawyer review lease terms to protect your interests and clarify long-term obligations.
Do I need an environmental assessment for commercial property in Tacoma?
Environmental assessments are advisable when there is any risk of contamination from prior uses, storage of hazardous substances, proximity to industrial operations, or presence of underground storage tanks. A Phase I environmental site assessment identifies potential concerns. If issues are found, a Phase II investigation or cleanup plan may be required. Environmental liability can affect financing, insurance and redevelopment feasibility, so involve environmental counsel and consultants early.
How do mechanics liens work in Washington and how can I protect myself?
In Washington, contractors, subcontractors and suppliers generally have statutory rights to record mechanics liens for unpaid work or materials on real property. Protection strategies include using clear written contracts, obtaining lien waivers and conditional lien releases at payment milestones, requiring retainage where appropriate, verifying contractor licensing and insurance, and ensuring proper notice where statutory notice requirements apply. If you face a lien or need to enforce one, consult a lawyer familiar with Washington mechanics lien law.
What permits are commonly required for commercial development or remodeling?
Typical permits include building permits, electrical/plumbing/mechanical permits, site development permits, grading and stormwater permits, signage permits, and occupancy permits. Projects that change land use or density may require land-use approvals such as conditional use permits, variances or design review. For sites near shorelines or critical areas, additional environmental or shoreline permits may be required. Early permit planning with the City of Tacoma and legal counsel helps avoid delays.
How are commercial property taxes and assessments handled in Tacoma?
Property taxes are assessed and collected by Pierce County based on the assessed value provided by the county assessor. Taxes fund local jurisdictions and special assessments may apply for local improvements. When buying a property, confirm current tax status, any pending assessments or tax liens, and potential changes in assessed value after improvements. A tax consultant or attorney can advise on appeals of assessments or available tax incentives for redevelopment projects.
Can the city or state take my commercial property for a public project?
Yes, government entities have eminent domain powers to acquire private property for public uses, subject to statutory procedures and payment of just compensation. If a property is threatened by condemnation or you receive a notice of intent to acquire, retain a lawyer experienced in eminent domain to evaluate compensation, challenge public necessity where appropriate, and negotiate settlements. Timing, valuation methodology and relocation assistance rules vary by project and jurisdiction.
What should I include in a due diligence checklist for leasing or buying?
A basic checklist should cover title and ownership; surveys and boundary issues; zoning and land use; building condition and systems; environmental assessments; existing leases and tenant estoppel certificates; outstanding liens, judgments and litigation; permits and code compliance history; utility capacity and easements; tax status and assessments; insurance coverage and claims history; and financing commitments. Customize the list to the property type and intended use, and involve legal, environmental and technical experts.
How do I find and choose a commercial real estate lawyer in Tacoma?
Look for attorneys with specific experience in commercial real estate transactions, leases, development, or litigation as relevant to your needs. Consider local experience with Tacoma and Pierce County regulations, relationships with permitting staff, and familiarity with state statutes. Ask for references, examples of recent transactions or cases, fee structure and scope of services. Initial consultations help assess fit and the attorneys ability to manage deadlines, risk and negotiation strategy.
Additional Resources
Helpful local and state organizations and offices for commercial real estate matters in Tacoma include city planning and permitting departments for zoning and permits, the Pierce County Assessor and Auditor for tax and recording records, the Port of Tacoma for industrial and maritime issues, the Washington State Department of Ecology for environmental matters, and state agencies that administer construction and contractor licensing. Professional organizations such as local bar association real property sections, commercial real estate broker associations, and the small business community can provide referrals and practical guidance. Title companies, environmental consultants, surveyors and land-use planners are also key resources during transactions.
Next Steps
If you need legal assistance for a commercial real estate matter in Tacoma, start by gathering key documents - purchase agreements, leases, title reports, surveys, permits and any notices or inspection reports. Prepare a brief summary of your objectives, timeline and budget. Contact a qualified commercial real estate attorney for an initial consultation to assess risks and outline a strategy. Expect to engage other specialists such as environmental consultants, surveyors and title professionals as part of due diligence. Ask about fee arrangements, estimated costs for transactional work or litigation, and a clear timeline for required approvals and closing. Taking these steps early helps protect your investment and keeps your project moving forward.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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