1st April 2026
Selling commercial property in 2026 is rarely straightforward.
Compared with residential transactions, the legal work is more detailed, the due diligence is heavier, and the issues that slow deals down often remain hidden until a buyer’s solicitor starts asking detailed questions. At that point, delays and renegotiation commonly follow.
Kerry Boyle, Head of the Commercial Property team at Myers & Co, explains how commercial property sales typically work in England and Wales, how long they usually take, and where sellers most often run into avoidable problems.
While every property is different, most commercial sales follow a similar process. Knowing the stages in advance allows sellers to prepare properly and avoid surprises once the buyer starts making enquiries about the property.
Early preparation has a significant impact on how smoothly a sale progresses. Buyers will expect clear evidence of ownership, full copies of any leases where the building is let, and key compliance documents such as an Energy Performance Certificate (EPC). It is also helpful to complete any Commercial Property Standard Enquiries relevant to the transaction in advance of a sale being agreed, as these documents can take some time. Gaps at this stage often lead to delays later.
Once an offer is accepted, the main commercial terms are normally recorded in a Heads of Terms document. This outlines the agreed position on price, timing, conditions, and responsibilities, allowing the solicitors to work from a shared understanding and reduce scope for dispute as the transaction develops.
At this point, the buyer’s solicitor will review the title, leases, searches, and supporting documents, and raise detailed enquiries. This stage often determines the overall pace of the transaction. Missing paperwork, historic issues, or complex ownership arrangements can significantly extend the time the transaction takes if they are only addressed at this point.
The seller’s solicitor prepares the contract pack, negotiates its terms, and manages exchange and completion. Exchange creates a legally binding commitment to proceed. Completion follows once funds are transferred and legal ownership changes hands.
There is no fixed timescale for selling commercial property. A commercial sale has more moving parts than residential. Not realistically planning for work upfront often prevents frustration later, especially if there are occupiers, works history, or complex title points.
That said, many transactions complete within eight to twelve months from marketing to completion. The precise length depends on several factors, including the property type, the quality of the documentation, whether the property is let, and how the buyer is funding the purchase.
Where a buyer requires finance, the lender’s review of title, leases, and valuation can add further time before funds are released.
Sales tend to move more efficiently when sellers can provide a clear and organised set of information early on.
Common examples include:
Your solicitor will advise on what is required for your specific property and help ensure the information is presented clearly and consistently for the buyer.
In many cases, yes.
The government guidance is clear that usually you must have an Energy Performance Certificate when you sell commercial premises, and you can be fined if you do not make an Energy Performance Certificate available to prospective buyers or tenants.
There are exemptions, including certain listed or protected buildings where minimum energy requirements would unacceptably alter the building, and some temporary buildings. The GOV.UK guidance sets out the exemption categories and when an Energy Performance Certificate must be displayed.
As a practical point: if the EPC situation is unclear, buyers often pause while they assess risk and cost, so it is worth checking this early rather than waiting for enquiries.
The following problems are common causes of delay to a sale, but they are avoidable with proper planning:
Commercial buyers expect written evidence. Where documents cannot be produced, buyers may delay progress while replacements are sourced or attempt to renegotiate the price to reflect uncertainty.
Restrictions, rights of way, historic covenants, and inconsistencies between title plans and physical boundaries are common in commercial property. Our commercial property team’s early review can identify and address these intricate details before they become deal-breakers later down the line.
Selling with tenants in place is not a problem, although it changes the buyer’s questions. The buyer will want certainty about rent, repair obligations, and the lease terms, because they are buying an income stream and a risk profile, not just bricks and mortar.
Tenanted commercial property brings one key legal concept into play: business tenancy protections can affect what the buyer can do with the property after completion.
Under the Landlord and Tenant Act 1954, many business tenants have statutory rights connected to staying in the premises and renewing their lease, depending on the type of tenancy and whether the protection was properly excluded. This matters to buyers because it can affect redevelopment plans and vacant possession strategies.
This does not mean a tenanted sale is hard, although it does mean the lease paperwork and tenancy status need to be clear and consistent. If there is uncertainty, expect more questions and more negotiation.
Earlier than many people expect.
Once Heads of Terms are agreed, the legal work becomes time-critical, and delays usually start with documents that were not pulled together at the beginning.
Many sellers benefit from involving a solicitor at the point they decide to sell (or at least before marketing is well underway), so the title pack, leases and compliance documents can be checked and organised properly.
That early review often pays for itself by reducing delays and avoiding last-minute issues that can derail a transaction.
If you are preparing to sell a commercial property in 2026, an early conversation with a solicitor can help you sense‑check your documents, identify risks that could slow the sale, and plan realistic timescales for your particular property.
At Myers & Co, we focus on clear, practical guidance and keeping clients informed at each stage of their property transaction, especially when complex legal detail has the potential to pull a sale off course.
If you would like an early review of your property and paperwork, give us a call or make an enquiry to find out how we can help.
