CommercialPropertyTransactions
Legal support for commercial property sales, purchases, and due diligence across Auckland and the greater Auckland region.
How we can help
Commercial property transactions require a level of due diligence and risk assessment that goes well beyond a standard residential purchase. At Indus Legal, we advise investors, business owners, and developers across Auckland region on the acquisition, sale, and leasing of offices, retail spaces, industrial premises, and mixed-use developments. Our team has particular experience with commercial properties in Botany, Manukau, South Auckland, and East Auckland.
We conduct comprehensive due diligence encompassing title review, resource consent compliance, seismic ratings, building warrant of fitness status, tenant lease analysis, environmental considerations, and GST implications under the Goods and Services Tax Act 1985. For portfolio acquisitions or transactions involving going concerns, we work closely with your accountants and advisers to structure the deal in the most tax-efficient manner possible.
Our commercial property lawyers understand that time is money. We work to tight deadlines, provide pragmatic advice on risk allocation, and negotiate assertively on your behalf. From the initial due diligence checklist to LINZ registration under the Land Transfer Act 2017, Indus Legal delivers a seamless transaction experience for commercial clients in Auckland.
What we help with
- Due diligence on commercial titles, resource consents, building compliance, and seismic ratings
- Drafting and negotiating Agreements for Sale and Purchase for commercial and industrial property
- GST, tax structuring, and going concern assessments for commercial acquisitions
- Tenant lease review, assignment of leases, and rent roll analysis
- Overseas Investment Act advice for foreign purchasers of significant business assets or sensitive land
- Settlement coordination for high-value and multi-party commercial transactions
Frequently asked questions
What due diligence should I carry out before buying a commercial property in New Zealand?
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Commercial due diligence typically includes a full title search, review of any existing leases and tenant obligations, confirmation of resource consent compliance under the Resource Management Act 1991, a building warrant of fitness check, seismic assessment, contamination enquiries, and analysis of GST implications. Indus Legal prepares a tailored due diligence checklist for each transaction to ensure no critical issue is overlooked.
How is GST handled on commercial property sales?
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Most commercial property sales in New Zealand are subject to GST at 15%. However, if the property is sold as a going concern with existing tenants and the purchaser is GST-registered, the transaction may be zero-rated under section 11(1)(mb) of the Goods and Services Tax Act 1985. Our lawyers work with your accountant to ensure the correct GST treatment is applied, avoiding unexpected tax liabilities at settlement.
Can a foreign buyer purchase commercial property in New Zealand?
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Foreign purchasers may require consent under the Overseas Investment Act 2005 depending on the value of the property, whether the land is classified as sensitive, and the nature of the transaction. Indus Legal advises international investors on their consent obligations and, where required, prepares and manages the OIO application process alongside the commercial transaction.
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