In the UK, commercial property refers to real estate used for business activities. This broad category encompasses not only buildings housing businesses but also land intended to generate profit and large residential rental properties. Examples of commercial properties include shopping centres, supermarkets, and office spaces. This broad category is vital for businesses of all types, facilitating their growth and operations across various sectors . Section A: Understanding Commercial Property in the UK 1. Classification of Commercial Property in the UK The classification of commercial properties in the UK underwent a significant reform as of September 2020. Previously…
Gill Laing
Gill Laing
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
Investing in commercial property represents a strategic approach to investment portfolio diversification, effectively mitigating risk. The potential for financial returns from commercial real estate investments arises both through rental income, provided by leasing space to tenants, and through capital appreciation, as the market value of the property increases over time. Unlike other investment assets like cash, bonds, and stocks, commercial real estate often exhibits low correlation with these markets. This means that the performance of commercial properties tends to be independent of the fluctuations in stock market trends, offering an additional layer of financial security amidst market volatility. Section…
Standard Commercial Property Conditions (SCPCs) refer to a set of predefined terms and conditions often used to sell and purchase commercial properties in the UK. These conditions aim to streamline the transaction process, offering a uniform legal framework that both parties can rely on during negotiations and contractual agreements. Understanding SCPCs is crucial for anyone involved in the commercial property market in the UK. These conditions are a foundational transaction framework, ensuring clarity, efficiency, and legal compliance. Section A: Understanding Standard Commercial Property Conditions 1. What are SCPCs? In the context of UK real estate, “Standard Commercial…
All UK public companies require a company secretary by law, under the Companies Act. Private limited companies however are not required to appoint a company secretary, however the directors may still choose to do so, as there can be many practical benefits to the organisation of having a dedicated individual in this role. Many important tasks can be taken on via the role of the company secretary, such as shareholder admin and comms, corporate governance and statutory compliance. If the company does not appoint somebody to the role of company secretary, the responsibility for the completion of those tasks falls…
A full repairing and insuring lease, known as an FRI lease, is a commercial lease which gives the tenant sole responsibility for the maintenance, repair, and insurance of the property for the duration of their tenancy contract. This means that for the duration of their tenancy, the tenant assumes full responsibility for the upkeep of the building’s interior, structure, and sometimes exterior. Under an FRI lease, the tenant is required to leave the premises either in a “tenantable condition” or in the same condition as it was at the beginning of the tenancy, depending on the terminology of the lease…
Stamp Duty Land Tax (SDLT) must be paid on land transactions in England, including commercial leases over a certain threshold. SDLT may be payable on the grant, assignment, variation or surrender of a commercial lease. The rules surrounding SDLT are complex and it is the tenant’s responsibility to calculate and pay any stamp duty on a commercial lease that is due to HMRC. For commercial leases, SDLT can be charged on the premium (initial payment for the lease) and the rent, with different rules applying to each. Understanding SDLT is crucial for businesses and landlords engaging in commercial property transactions…
The GDPR is an acronym for the General Data Protection Regulations. This a European-wide Regulation from the European Union and has a direct effect in every member state. In an age of ‘big data’ and high profile data breaches, the aim is to enhance protection and control of individuals’ over their personal data, while standardising data protection practices across the EU to make trade between these countries more straightforward. As a business owner, you need to be seen to be taking data protection seriously. A breach can not only impact your organisation’s finances, it can also do irreparable harm to…
The General Data Protection Regulation (GDPR) came into force on the 25th May 2018. It replaced the Data Protection Directive 95/46/EC with the purpose of strengthening and unifying data privacy laws across Europe. The EU directive has had far-reaching impact for all organisations that handle individual’s personal data, irrespective of where the organisation is based or the nationality of the individual data subject. Any company that transfers personal data outside the EU to third countries or international organisations will also be subject to strict compliance with the conditions of the GDPR. It is advisable to seek legal advice to ensure…
Franchising is a strategic expansion model where a business (the franchisor) grants another party (the franchisee) the right to operate a business or sell goods and services using the franchisor’s brand, model, and system. Franchising presents an unparalleled opportunity for business expansion and brand recognition in the United Kingdom, offering a strategic pathway for businesses aiming to scale operations and penetrate new markets. While global in its application, franchising has a distinctive footprint in the UK. Characterised by a robust legal framework and a supportive ecosystem, the UK franchising sector thrives, contributing significantly to the economy. Franchising in the UK…
The definition of personal data was updated with the introduction of the General Data Protection Regulation (GDPR) and the new Data Protection Act 2018 (DPA 2018). Personal data can be defined as information, which can be used to directly or indirectly identify an individual. This includes a name, location or IP address. Where the information is in connection with a deceased person, it is not deemed to be personal data. Similarly, information about companies or public authorities would not be classified as personal data. Who does the GDPR apply to? The GDPR applies to organsations of any size…
Data protection law exists to protect the privacy and personal data rights of individuals. This area is primarily governed in the UK by the Data Protection Act 2018. The Act was passed to provide enhanced legal rights and responsibilities in respect of how data should be handled by organisations, businesses and the government than was previously provided under the Data Protection Act 1998. Importantly, the 2018 Act also brought the European Union’s General Data Protection Regulations (GDPR) into force in the UK. The GDPR are regulations designed to control how personal data is processed throughout the European Union. It sets…
The PECR, or Privacy and Electronic Communications (EC Directive) Regulations 2003, exist to protect the data privacy rights of individuals and businesses online in response to the proliferation in online business and marketing activity. Alongside the General Data Protection Regulations (GDPR), the PECR ensure organisations use data responsibly by requiring any organisation that uses electronic communications for marketing purposes to adhere to certain rules in regards to how and when they can contact individuals or businesses. The Privacy and Electronic Communications Regulations are complex, and it can be difficult to understand your particular obligations in order to be compliant. The…
The Power of Attorney form you will need to complete will depend on the type of Lasting Power of Attorney you are creating. These are Form LP1F for financial decisions and Form LP1H for health and care decisions. A Power of Attorney (POA) is a legal way of giving someone else the authority to make financial and other decisions on your behalf in the event that it becomes difficult, or even impossible, for you to make these decisions for yourself. This may prove necessary if you are physically struggling to manage your own affairs, for example, you are confined to…
Dependant visa holders are generally permitted to start and run their own business in the UK, provided they have lawful status and remain eligible under their visa conditions. In this guide, we explain the rules on setting up a business if you have a dependant visa. Who are visa dependants? Visa dependants, or dependant visa-holders, refer to either the spouse, partner or dependent children of the principal applicant or primary visa-holder on one of the many points-based routes under the UK’s Immigration Rules. There are various immigration routes under the UK’s points-based system on which the qualifying partner or dependent…
To visit the UK for academic purposes as an overseas national, you may need an academic visitor visa. Not all visitors to the UK need to apply for a visa, but travelling to Britain without the relevant permission can result in you being refused entry at the border. This makes is critical to understand what kind of permission you need while planning your visit and to have this in place for when you travel. Changes to the UK visitor rules take effect on 31 January 2024 which will relax the restrictions on permissible activities for academics and scientists, among others.…
Following the closure of the Start up visa and Innovator routes, the sole route for foreign nationals to set up and manage their own business in the UK is the Innovator Founder route. The Innovator Founder visa is a great opportunity for entrepreneurs who want to start and run a successful business in the UK. If you are interested in applying for this visa, it is important to do your research and start planning early. What is the Innovator Founder Visa? The Innovator Founder visa is a UK visa that allows entrepreneurs to come to the UK to start…
If you are a healthcare professional looking to relocate to the UK for work, it’s likely you’ll need to apply for a Health and Care Worker Visa. The Health and Care Worker Visa is a dedicated immigration route for qualified medical professionals. The UK has a shortage of workers in the health sector, and this route was designed to allow eligible health professionals to take on work in healthcare roles to ease skills shortages. The visa offers holders a number of benefits including the potential to settle in the UK and in time become eligible for British citizenship. In this…
Following an overhaul of the UK immigration system post-Brexit, the Home Office opened the Global Business Mobility Route in 2022. The visa categories under this route are highly specialised and designed for specialist overseas workers to come to the UK on a temporary basis to meet specific skill needs. This article will outline the five new visa categories under the Global Business Mobility Route – the Senior or Specialist Worker Visa, Graduate Trainee Visa, UK Expansion Worker Visa, Service Supplier Visa, and Secondment Worker Visa. It will provide crucial information for those considering a move to the United Kingdom on…
If you are coming to the UK for the purposes of business, you’ll need to ensure you have the relevant permission. Depending on your nationality, you may need to apply for a Business Visitor visa, or you may be able to travel visa-free. The following guide for foreign nationals looking to come to the UK as business visitors looks at the various different aspects of the Business Visitor visa category, from when this type of visa is needed to how long a visa application will take to process. Is there a Business Visitor visa for the UK? Under the UK’s…
The Skilled Worker Visa is the primary work-related visa category under the new Points-Based Immigration System available for those seeking to move to the United Kingdom. At first, the Skilled Worker Visa process may seem daunting, but once you have confirmation of an eligible job from an approved employer it is overall a simple application for most individuals. It is important to ensure that you follow the correct steps to apply for your Skilled Worker Visa, as your ability to move to and work in the United Kingdom will depend upon the acceptance of your application by the Home Office.…