Commercial Property: Building Work
- Category: Property
- Date: 07-19-2025
Whether you're a landlord planning upgrades or a tenant preparing to carry out improvements, building work on commercial property requires careful planning and legal awareness. Missteps can result in delays, disputes, or even litigation. In this article, we explore key considerations when engaging in construction, renovations, or structural changes on commercial premises.
1. Review of Lease Agreements
One of the first steps is to assess the terms of any existing lease. Most commercial leases include detailed provisions about alterations, permissions, and obligations. Tenants typically require written consent from the landlord before carrying out structural works. Landlords, on the other hand, may need to serve formal notices before initiating any major changes to a let property.
2. Planning and Regulatory Compliance
Building works may require local authority planning permission or compliance with building regulations. Failing to secure the appropriate approvals can lead to enforcement action, delays, and additional costs. It's also important to consider listed building status or conservation area restrictions if applicable.
3. Party Wall Matters
If the work affects a shared wall or boundary with another property, you may be required to comply with the Party Wall Act 1996. Proper notice must be served on affected neighbours, and agreements or surveyor appointments may be needed to proceed lawfully.
4. Health and Safety Obligations
Both landlords and tenants have a duty to ensure building works comply with health and safety legislation. This includes the Construction (Design and Management) Regulations 2015 (CDM Regulations), which require proper planning, risk management, and coordination of contractors.
5. Insurance and Liability
Before works begin, both parties should review their insurance policies. Construction projects may affect existing cover or create new risks. Ensuring all parties are appropriately covered is essential to avoid exposure to unexpected liabilities.
6. Post-Completion Considerations
Once the work is completed, ensure all necessary completion certificates are issued and any reinstatement obligations (such as dilapidations clauses) are clarified. Both parties should document changes to the property and update any agreements as needed.
At Curtis Chambers Global, we assist landlords, developers, and tenants with all aspects of commercial property law — from drafting contracts and lease reviews to resolving construction disputes. If you're planning building work, our legal team can help you navigate the process with confidence and clarity.