Buying

Buying commercial property: which documents to check before the deal

BuyersOwnersExplainer29 September 20262 min read
Contents

Checking a property before purchase is a standard stage of any deal. Its purpose is to make sure the seller has the right to dispose of the property, the building and land carry no hidden restrictions, and the property suits its intended use.

Documents on the building

  • An extract from the state property register (EGRN): owner, cadastral number, area, and registered restrictions and encumbrances — mortgage, lease, arrest.
  • Title documents: how the seller acquired the right — a sale agreement, a commissioning permit, a court decision.
  • Technical and floor plans — to check the actual layout against the documents.
  • Records of alterations and reconstruction: whether changes have been formalised.

The land plot

When buying a free-standing building, it is important to check the land beneath it too.

  • Rights to the plot: the seller's ownership or a lease, and the term and conditions of the land lease.
  • Permitted use: whether it allows the warehouse or production the buyer has in mind.
  • Plot boundaries and whether they match the actual position of the building and fence.
  • Protected and sanitary zones, easements.

The seller

  • A legal entity

    What is requested
    Constitutional documents, the signatory's authority, and approval of the transaction where required.
    Why
    So the deal cannot be challenged for lack of authority or approval.
  • An individual

    What is requested
    Notarised consent of the spouse if the property was acquired during marriage.
    Why
    Without it, the transaction can be challenged.
  • Any seller

    What is requested
    Information on litigation, debts and signs of insolvency.
    Why
    A deal with a seller in bankruptcy proceedings can be challenged.
Reference summary. The list for a specific transaction is set by lawyers.

A property with tenants

If the building has tenants, their leases do not end when the owner changes: the new owner becomes the landlord on the existing terms (Article 617 of the Russian Civil Code). That is why current leases, payment schedules and security deposits are reviewed as carefully as the documents on the building.

Engineering and operations

  • Allocated electrical capacity and grid connection documents.
  • Contracts with utility providers and the absence of arrears.
  • Condition of the roof, floors and engineering systems — from a technical inspection.
  • Fire safety documentation.

This is a baseline list: for a specific deal, lawyers and technical specialists extend it depending on the property and the structure of the purchase.

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