We normally advise clients to carry out the following commercial searches on a commercial lease:
– Local search;
– Drainage and water search;
– Environmental search;
– Coal search;
– HS2 search;
– Chancel search;
We do however appreciate that commercial searches are very expensive however, we would never recommend anyone to enter into a commercial lease without at least carrying out a commercial search.
The searches would reveal the following matters:
This search is carried out at the council. It will reveal matters such as the planning history of the property; whether or not any works have been done to the property which building regulations approval was required for; whether the property abuts the adopted highway; whether or not there are any financial charges registered against the property by the local council.
Drainage and water search
This search will reveal if the property is connected to the mains drains and water; it will reveal if there is a surface water drainage charge.
As a Tenant, you may become liable for any on site or off site contamination. The costs of remediating the ground can be very expensive and as such you should carry out an environmental search to see the extent of any liabilities.
We would recommend a coal search, if the property falls within a coal mining area. This search would basically check to see if the property is at risk of subsidence.
A lot of the country will be subject to compulsory purchase orders, for the new HS2. It is therefore strongly advised to carry out this search to see if the property you are about to lease falls within this area.
We would recommend this search, it will reveal if the property you are taking a lease of falls within an area which, could have a potential liability to contribute to the repair of the church chancel.
PLS Solicitors specialise in advising on the complex area of commercial property. We offer a friendly, efficient and effective legal advice on any area of commercial property.
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