Buying or holding commercial property through a SIPP or SSAS can give you more control over how your pension funds are used, while supporting wider business, investment or retirement planning goals.

For business owners and investors, it can be a practical way to bring property and pension planning together. You may be buying premises for your own business to occupy, adding a commercial asset to your pension portfolio, refinancing a property already held by a scheme, or working through the sale or lease of pension-owned premises.

These transactions need careful handling. A SIPP or SSAS property investment is not the same as a standard commercial property transaction. The requirements of the pension scheme need to sit alongside the legal title, contract, searches, lease terms, lender conditions and completion arrangements. There may also be trustees, scheme providers, lenders and other professional advisers involved.

At Farnworth Rose, our Commercial Property Solicitors help bring those moving parts together. We advise business owners, investors, trustees and professional advisers on the legal work involved in buying, selling, leasing and refinancing commercial property through pension schemes.

Our role is to give you clear guidance from the outset, explain what needs to happen and keep the transaction moving in the right direction. We take time to understand what you want the investment to achieve, then focus on the practical steps needed to protect your position and support your wider plans.

With decades of experience in commercial property and conveyancing, Farnworth Rose supports clients across Lancashire and throughout England and Wales. You will have responsive, approachable advice from a team that understands the detail, while keeping the process as straightforward and well managed as possible.

For specialist advice on SIPP or SSAS pension property investment, call Farnworth Rose on 01282 695 400 or complete the form below to speak with one of our Commercial Property Solicitors.

Why Choose Farnworth Rose for SIPP & SSAS Pension Property Investments?

When you choose Farnworth Rose, you are choosing a team that understands both the legal detail and the commercial importance of your transaction. SIPP and SSAS property investments often involve several parties and require careful coordination, so having the right legal support can make a real difference.

With Farnworth Rose, you can expect:

Specialist commercial property expertise

Our Commercial Property department is partner-led and commercially minded, giving you access to experienced solicitors who understand the legal and practical issues involved in pension property transactions.

Clear coordination with your wider professional team

We regularly work with trustees, pension administrators, lenders, surveyors, accountants and financial advisers to help keep the transaction moving and avoid unnecessary delays.

Practical advice focused on your goals

We take time to understand what matters most to you, whether that is speed, certainty, risk management, future flexibility or ensuring the property works for your business or pension scheme.

Straightforward communication at every stage

SIPP and SSAS transactions can feel technical. We explain each stage clearly, highlight potential issues early and help you make informed decisions with confidence.

Transparent costs and no hidden surprises

We provide clear information about costs at the beginning of the matter wherever possible. If the scope of work changes, we explain why before any additional work is carried out.

A personal, proactive service

Above all, we put your needs first. We take pride in keeping our promises, responding promptly and delivering a service that feels personal as well as technically strong.

Buying Commercial Property Through a SIPP or SSAS

A SIPP or SSAS can be used to buy commercial property for your own business to occupy, or as an investment to be let to a third-party tenant. In either case, the transaction must be structured carefully so that the pension scheme’s ownership is properly documented and protected.

Where a connected business will occupy the property, the pension scheme will usually grant a commercial lease to that business. The lease should be on proper market terms and clearly deal with rent, repairs, insurance, maintenance and future occupation. This helps protect the pension scheme while giving the business certainty over its use of the premises.

If the property is already let to a third-party tenant, we will review the existing lease so you understand the rights and obligations that will pass to the pension scheme after completion.

Where borrowing or refinancing is involved, we can also deal with the property law aspects of the lender’s requirements and work with your pension provider, trustees and wider professional team to help keep the transaction moving smoothly.

Meet the Team

Featured

Hazel Leonard

Rebecca Bruce

Nina Barlow

Richard Farnworth

Our Process

+ Understanding the Transaction Structure

We begin by establishing how the transaction will be structured. It is important to confirm who will be named as the buyer and how the pension scheme requires the property to be held. This may involve trustees, a pension provider, a nominee company or another approved structure.

Getting this right at the start helps avoid delays later in the transaction and ensures the legal documents reflect the pension scheme’s requirements.

+ Reviewing the Contract Pack and Title

Once the structure is clear, we review the contract pack and investigate the title to the property. This allows us to identify any legal issues that may affect the purchase, the pension scheme’s ownership or the future use of the property.

We will raise appropriate enquiries with the seller’s solicitor, advise on the searches required and report to you clearly on the legal position.

+ Checking Leasehold and Occupation Arrangements

If the property is leasehold, we will review the existing lease and advise on any landlord consent requirements. We will also consider the practical effect of the lease terms, including any restrictions that may affect the pension scheme or the intended occupier.

Where a new lease is needed, we can prepare or review it as part of the transaction. This is particularly important where the property will be occupied by a business connected to the pension scheme.

+ Dealing With Borrowing and Lender Requirements

If borrowing is involved, we will deal with the lender’s legal requirements and ensure the mortgage documents are completed correctly.

Pension scheme borrowing is subject to strict limits. In broad terms, a registered pension scheme can usually borrow up to 50% of the net value of the fund immediately before the borrowing takes place. Because this can affect the funding structure, it is important to involve the lender, pension provider and legal team at an early stage.

+ Completion, SDLT and Registration

After completion, we deal with any SDLT requirements and arrange registration at HM Land Registry. This ensures the pension scheme’s ownership and any lender’s security are properly recorded.

We will keep you updated throughout the process, so you know what has been completed and what still needs to happen.

VAT, SDLT and Wider Tax Issues

Commercial property transactions can involve VAT and SDLT. Pension property purchases are no exception. The seller may have opted to tax the property, VAT may be payable on completion or the transaction may require specific treatment if a tenanted property is being transferred.

We do not provide tax advice, but we are experienced in dealing with the legal documents that give effect to the agreed tax position. We can liaise with your accountant or tax adviser to ensure the contract and completion arrangements are prepared correctly.

This joined-up approach is especially valuable in SIPP and SSAS transactions because tax, pension and property issues often overlap.

How Farnworth Rose Works With Your Professional Team

SIPP and SSAS property transactions depend on effective communication between all parties. The solicitor, pension provider, trustees, lender, accountant, surveyor and financial adviser may all need to work together.

At Farnworth Rose, we are used to coordinating with wider professional teams. We focus on the legal work while keeping the wider commercial picture in mind. This helps reduce confusion, avoid unnecessary delay and give you greater confidence throughout the transaction.

We also make sure that advice is clear and practical. You will not be left trying to interpret complex legal documents on your own. We will explain what matters, what needs to happen next and how each decision may affect your transaction.

Frequently Asked Questions for SIPP & SSAS Pension Property Investment

+ What Are SIPP and SSAS Property Investments?

A SIPP, or Self-Invested Personal Pension, is a type of pension that can allow greater choice over how pension funds are invested. A SSAS, or Small Self-Administered Scheme, is often used by business owners and directors who want more control over pension investment decisions.

Both types of scheme may allow investment in commercial property. This can include business premises, offices, warehouses, industrial units, retail premises, workshops or other suitable commercial assets. The exact position will depend on the scheme rules, the provider’s requirements and the nature of the property.

The important point is that the property is usually bought by the pension scheme rather than by the individual personally. This means the legal buyer, the funding arrangements and the ongoing occupation of the property must all be dealt with correctly.

For many clients, this structure is used to purchase premises that their own business will then occupy under a lease. For others, the property is bought as an investment and let to an independent commercial tenant. In both situations, the legal documents must be carefully prepared so that the pension scheme’s ownership is protected.

+ Can a SIPP or SSAS Buy Commercial Property?

In many cases, yes. A SIPP or SSAS can often be used to buy commercial property, provided the investment is permitted by the pension scheme and complies with HMRC requirements.

Commercial property is usually treated differently from residential property. This distinction is important because residential property can create serious tax consequences for pension schemes unless a specific exception applies. Mixed-use buildings should therefore be reviewed with particular care before any commitment is made.

Our solicitors will investigate the legal title, review the contract and raise the necessary enquiries. We will also consider any lease arrangements, rights affecting the property, restrictions on use, lender requirements and registration issues. Where appropriate, we will work alongside your accountant, financial adviser or pension provider so that the legal work supports the wider structure of the transaction.

We do not provide financial, pension or tax advice. However, we understand how those issues interact with the legal process and can work closely with your wider professional team.

+ Can my business rent the property from my pension scheme?

Yes, in many cases. The arrangement should be documented through a proper commercial lease. The rent and lease terms should reflect market conditions.

+ Can a SIPP or SSAS borrow money to buy property?

Yes, pension schemes can often borrow to help fund a commercial property purchase, but strict limits apply. The lender and pension provider will usually have detailed requirements that must be satisfied.

+ What Types of Property May Be Suitable?

Many types of commercial property may be suitable for a SIPP or SSAS investment. Offices, warehouses, industrial units, retail premises and trading premises are common examples.

Properties with residential elements require much more caution. A flat above a shop, caretaker accommodation or mixed-use land may need specialist review before proceeding. The same applies to development land where future residential use is being considered.

We will help you identify legal issues that may affect suitability, value or future use. These may relate to planning, rights of way, environmental matters, access, lease terms, repair obligations or restrictions on the title.

Our goal is to give you a clear understanding of the property before the pension scheme becomes legally committed.

+ How Long Does a SIPP or SSAS Property Purchase Take?

The timescale will depend on the property, the pension provider’s requirements and whether funding or lease documents are needed.

Some transactions are relatively straightforward. Others take longer because they involve lender approval, trustee requirements, valuation issues, VAT considerations or a leaseback to a connected company.

We will give you realistic timescales at the outset and keep them under review. If an issue arises that may delay completion, we will explain it promptly and work with you to find the best way forward.

+ How Much Does SIPP or SSAS Property Legal Advice Cost?

The cost will depend on the nature of the transaction. A freehold purchase with no borrowing and no leaseback will usually be more straightforward than a leasehold purchase involving lender finance, pension trustee approval and a new commercial lease.

We provide clear pricing based on your circumstances. Once we understand the property, the structure and the work required, we will explain our fees and any likely additional costs.

If the matter changes or additional work becomes necessary, we will discuss this with you before proceeding. Our aim is to provide high-quality commercial property advice at a fair and transparent cost.

Testimonials

“I have now used Mr Richard Farnworth and his team a few times for various purchases and leases. Each time they have been very efficient, responsive and professional. I would have no hesitation recommending them.”

Contact Our Commercial Property Solicitors

Our pension property investment solicitors in Burnley are based in Nelson. We are committed to providing exceptional levels of client care and will work closely, considerately and strategically with you to help you find the best solutions to whatever challenges you face or whatever opportunity you want to explore.

Our record of achievement and depth of experience make us a leading choice for SIPP and SSAS pension property investment advice in Lancashire. We regularly help clients with commercial property matters in Manchester and surrounding areas including; Preston, Blackburn, Rochdale and Bolton, as well as across the Pennines in Bradford, Huddersfield, Skipton, Keighley and beyond.

To speak with one of our specialists, call us now on 01282 695 400 or complete the form below, and we’ll be in touch to help with your SIPP or SSAS commercial property investment.