Heritage property

Hundreds of churches and other heritage buildings across Scotland are being sold as their owners seek to reduce their property portfolios and the costs of running them.

If you’re a company, charity, community group or individual looking to acquire, repurpose or regenerate a heritage property, there are critical legal issues to understand and address. Lindsays can help guide you through the process.

At Lindsays, our experienced commercial property team works with businesses and organisations of all sizes, turning your vision for heritage and disused properties into reality.

From your initial interest in the building to finalising its acquisition and putting it to new use, we can support you through the entire process on due diligence, negotiation, deal structuring, and the other legal aspects involved.

Specialist terrain

It’s important to be aware that with any heritage property, the legal issues can be complex – and may differ from those you’ve experienced with other types of commercial property.

They can relate to:

• The purchasing entity and intended use
• Title
• Making an offer
• Financing

Read on for some examples of these issues in practice. Our Commercial Property teams in Edinburgh, Glasgow, Dundee, Perth, and Crieff will also be delighted to tell you more.

What makes heritage property different?

From the earliest stages of a project involving heritage property, there are specific legal issues to consider. These require not just commercial and financial awareness but also experience in specialist areas, such as ecclesiastical law.

• Who’s acquiring the property and what for: Your status as a company, charity or community group could influence the finance and grants available as well as the sale conditions, as could your intended use for the building. Early advice will help you avoid costly mistakes and obtain better outcomes - and perhaps financial support too.
• Title complexities: Titles for heritage properties may date back centuries and present obstacles for your project. For example, with church properties, the title may not include the surrounding land or graveyard, leading to problems with access and parking. There may also be restrictions on commercial or residential use, or uncertainty over the property boundaries.
• The balancing act of a good offer: The physical, legal and historical issues associated with heritage properties mean offers must be expertly drafted. They may need to be conditional on planning consents, the results of surveys or site investigations, and whether it’s possible to upgrade or move utilities. On the one hand, you need get-out clauses if the project becomes financially unsustainable;
  on the other, your offer must be attractive.
• Going in with your eyes open: It’s important to understand the costs – such as maintenance and insurance – associated with heritage property, along with the potential for ongoing legal matters relating to access, servitudes and third-party rights or leases. Lindsays’ experienced lawyers can help guide you through these complexities.

Other legal support

As a full-service law firm, Lindsays supports businesses, developers, charities and community groups with other issues they may face in turning ideas into successful projects.

These could include:

• Employment law
• Financing and fundraising
• Dispute resolution and litigation

We can also work closely with your other professional and technical advisers to ensure your project is feasible both financially and from a practical use perspective.

To find out more, please contact our Commercial Property team today:

Louise Norris
Partner, Commercial Property
louisenorris@lindsays.co.uk
0131 656 5739