Commercial Mortgages

Obtaining a commercial mortgage is a major step when buying, refinancing, or expanding your property portfolio. The process can be detailed and demanding, with legal, financial, and lender requirements to navigate. At Howard & Over, our expert solicitors simplify every stage, providing clear, practical advice to ensure your mortgage is structured correctly and supports your business goals.

Our Approach

Having managed numerous transactions across Plymouth, Ivybridge, Newton Abbot, and beyond, we understand the unique challenges and opportunities in these areas. From reviewing mortgage offers and understanding lender conditions to handling completion and ongoing obligations, we provide experienced guidance tailored to your unique commercial circumstances.

More About Commercial Property

What a Commercial Mortgage Involves
When you choose Howard & Over for your commercial mortgage, we handle all legal aspects to protect you and satisfy your lender’s requirements. This typically includes:
  • Reviewing Mortgage Offers and Terms – Examining the lender’s documentation, including loan agreements, security requirements, and covenants.
  • Due Diligence and Risk Assessment –
    Ensuring that your business, the property, and the transaction comply with legal and lender standards.
  • Title Investigation and Security Review – Confirming ownership, boundaries, restrictions, and any third-party interests affecting the property.
  • Lender Compliance and Documentation – Preparing, reviewing, and submitting all certificates, declarations, and supporting documents required by your lender.
  • Negotiating Terms Where Possible – Ensuring that mortgage covenants and obligations are fair and manageable for your business.
  • Exchanging and Completing Mortgage Documentation – Finalising legal agreements to secure the funds for your purchase or refinancing.
    Post-Completion Support – Managing registration, discharge of existing charges, and ongoing compliance obligations.

 

Every commercial mortgage is different. Our experienced team tailors support to your circumstances, whether you’re acquiring property for your business, refinancing an existing asset, or expanding your commercial portfolio.

Understanding VAT, SDLT & Tax Considerations
Commercial mortgages involve financial and regulatory considerations that differ from residential lending. While Howard & Over does not provide tax advice, it is important to understand how tax considerations may arise and impact a commercial mortgage transaction. Where appropriate, specialist advice should be obtained from a qualified accountant or tax adviser, and we work closely with professionals that can assist.

Key Areas You May Need to Consider:

  • VAT – The lender may require VAT considerations to be clarified, particularly if the property is opted to tax.
  • Stamp Duty Land Tax (SDLT) – Lender compliance may include SDLT confirmation for your mortgage security.
  • Capital Allowances – Fixtures and plant may affect the valuation and mortgage structure.
  • Energy Performance & Compliance – Lenders may require EPC certificates and regulatory compliance verification.
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We focus on making the commercial mortgage process straightforward and stress-free, ensuring all legal and lender requirements are taken care of. Where specialist matters such as tax arise, we work alongside the right professional advisers so you can move forward confidently.

Frequently Asked Questions

Do I need a solicitor to buy a commercial property?

Yes. Commercial mortgages involve complex legal documents, lender compliance, and risk assessment. We ensure your mortgage is legally sound and protects your interests.

How long does a commercial mortgage take?

Typically 6–10 weeks, depending on lender requirements, property due diligence, and legal documentation.

Can you help with refinancing an existing property?

Absolutely. We manage the legal aspects of refinancing, including discharging existing charges and registering new security.

What types of commercial property can you support for mortgages?

Shops, offices, warehouses, industrial units, land, mixed-use buildings, and investment properties.

Can you help if the property has tenants?

Yes. We review leases, rent schedules, and tenant obligations to ensure the lender’s security is correctly structured.

Our Commercial Property Team

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Law Society Legail Awards Winner 2023

In 2023, we won the prestigious award for Law Firm of the Year!

There is something so special about being a small law firm with big ambitions, where dedication, expertise, and personalised service come together to achieve remarkable results, and we're excited to continue making a difference for our clients and community!

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