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Key considerations.

Before your clients commit to purchasing commercial property within a scheme they should consider the following:

Costs

There are several costs that need to be taken into account...

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Using your own specialists

Your client can choose their own solicitor or surveyor as we do not insist on the use of a panel selected by us...

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Freehold or leasehold

Freehold, leasehold and commonhold property are all acceptable, however extra due diligence is required...

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Property knowledge

For all property investments, a detailed analysis is required to identify if there are any issues...

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EPC certificates - proposed new rules from April 2018

It is proposed that from April 2018 it will only be possible to let out commercial properties that meet the minimum energy efficiency standards.

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Holding property

There are many ways in which a pension scheme can acquire commercial property...

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Borrowing

A scheme can borrow by way of a commercial mortgage to assist in the purchase and/or development of a property...

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VAT

A property is either ‘subject to VAT’ when built or can be ‘elected for VAT. If VAT is applicable on the property...

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Transfer of a Going Concern (TOGC)

Normally the sale of a property (that has been elected for VAT) by a VAT registered or VAT registerable business will include VAT. However, where the property is subject to an existing lease, the buyer (eg the pension scheme trustees) is VAT registered and has elected to tax the property, the sale will usually qualify as a TOGC, in which case the seller does not have to charge VAT on the sale price.

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Taking benefits

A pension scheme may need to sell property for a number of reasons...

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