By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
Commercial property advice connects the legal documents with how premises will actually be used. Buying a warehouse, leasing a shop and selling a tenanted investment raise different questions. Explain the proposed activity, the entity involved and any agreement already signed so the adviser can identify the transaction and its dependencies.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find commercial property providers →Check the premises against the intended use
Describe trading hours, fit-out, access, loading, signage and any licences or approvals the business needs. A lease or sale contract is only part of the picture: ask who checks planning, building condition and operational suitability. Do not assume an agent's description or a previous tenant's activity confirms that your proposed business can operate there.
Understand the full occupancy commitment
For a lease, ask about rent reviews, outgoings, repairs, security, guarantees, incentives, options and end-of-lease obligations. For a purchase, include existing leases and information about tenants. Explain what flexibility you need if the business grows, moves or is sold. Have the adviser distinguish legal obligations from commercial terms you may be able to negotiate.
Coordinate signing, finance and completion
Identify finance conditions, access dates and proposed fit-out or settlement milestones. Ask which adviser checks tax, valuation, building and environmental issues and which services are excluded from the legal quote. If a retail lease regime may apply, ask about the rules in the property's jurisdiction; not every commercial lease has the same requirements.
Use the lease term to test your business plan
Consider the premises over the whole proposed term, including entry, operation, renewal and exit. A low starting rent may be less important than a repair obligation, relocation provision or expensive make-good requirement. List the fit-out and operating assumptions behind the business plan and ask which are supported by the documents. For an investment purchase, examine the existing tenancy and income assumptions separately from the sale terms. This gives the legal review a commercial purpose and identifies questions for building, valuation and accounting advisers.
Compare the scope and cost of advice
Property advice is easier to compare when every quote uses the same property, documents and transaction stage. Identify signing, auction, settlement or response dates at the start. Ask which legal checks are included and which physical, planning, valuation or financial checks you must arrange separately. A low fixed fee is difficult to assess without the exclusions and the cost of changes.
- Before a commitment
- Confirm when the full documents can be reviewed, how advice is explained and what information must be obtained before you decide to proceed.
- During the matter
- Identify who tracks dates, requests searches, communicates with other parties and tells you about changes that require a new decision or additional work.
- If a problem emerges
- Ask whether the provider handles disputes or needs to refer you, what additional work costs and who manages any urgent obligation during that transition.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
A café operator is offered a lease with a fit-out incentive. Their enquiry includes the proposed kitchen, approvals, opening timetable and end-of-lease requirements, so the review considers practical occupancy costs as well as rent.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I am [leasing, buying or selling] premises for [use] in [location]. The proposed commitment date is [date], and the main dependencies are [finance, fit-out or approvals]. Can you review the documents and identify the checks and costs outside your scope?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about commercial property
Is a commercial lease review the same as conveyancing?
No. Explain whether you are leasing, buying or selling and whether related business or finance documents also need advice.
Can I start fit-out before the paperwork is settled?
Ask about access, permissions, insurance and the consequences if the transaction does not complete before committing to work.
Further reading and scope
NSW Small Business Commission: retail and commercial leasing information
NSW retail and commercial leasing information; other jurisdictions differ.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.