Commercial property · Commercial Leasing

Letting and selling commercial property.

Offices, retail, restaurants and warehouses. With commercial property, the tenancy agreement, the use and the figures decide. Commercial leasing and sales are handled by the managing directors themselves.

What is different with commercial property

The contract makes the value.

Commercial premises are subject to fewer mandatory protective provisions than apartments. Rent level, term, rent adjustment and deposit are largely freely negotiable; the rent cap (Mietpreisbremse) does not apply. All the more depends on the tenancy agreement: it determines the value of the space and, in a sale, the price of the entire property.

Index-linked rents, which follow the development of the consumer price index, and graduated rents are common. Whether an index clause is valid depends, in commercial tenancy agreements, among other things on the term of the contract (Price Clauses Act, Preisklauselgesetz). Buyers and banks check this, because the future rent depends on it.

When letting, what counts is whether the planned use is permitted under building law. If a shop becomes a restaurant or an office becomes a practice, the change of use may require a permit. We check this before the contract is signed.

In a sale, value added tax is a topic of its own. The sale of a plot is in principle exempt from VAT (§ 4 Nr. 9 Buchst. a UStG). If the owner has opted for VAT when letting, a transfer of a going concern (§ 1 Abs. 1a UStG) or an option in the notarial purchase agreement (§ 9 Abs. 3 UStG) may be considered; otherwise an input tax adjustment may follow (§ 15a UStG). The assessment belongs in the hands of your tax advisor; we compile the documents for it.

What we let and sell.

  • Office and practice space
  • Retail and shops
  • Restaurants, including succession with takeover of the fixtures and fittings
  • Warehouses, production and logistics
  • Commercial plots and open space
  • Mixed-use buildings as an investment

What we take care of.

Letting (Commercial Leasing)

  • Rent based on location, condition and use
  • Checking the type of use and permits
  • Checking tenants with the commercial register, business concept and credit rating
  • Tenancy agreement with term, index-linked or graduated rent, deposit and handover protocol

Sale

  • Rent roll and commercial tenancy agreements with terms and options
  • Putting rents and income into context
  • Data room for the buyers’ due diligence
  • Coordinating the purchase agreement with the notary’s office

Technical data

  • Floor areas by type of use
  • For warehouses: ceiling height, doors, floor load and access
  • For restaurants: kitchen, ventilation and outdoor areas
  • Energy performance certificate (Energieausweis) with the mandatory details for the listing (§ 87 GModG, formerly GEG)
Commission (Maklerprovision)For commercial space to let and for the sale of commercial property, the commission is freely negotiable. Who pays it and how much is agreed in writing before we start.

How it works.

  1. Meeting

    Clarifying space, use, goal and timing: letting or selling.

  2. Offer

    Rent or price assessment and mandate with a clearly stated commission.

  3. Marketing

    Exposé, portals or a direct approach, viewings, checking the applicants.

  4. Contract and handover

    Tenancy agreement or purchase agreement at the notary, handover with a written protocol.

Types of use at a glance.

Office and practice

Layout, fit-out and term determine the value. Who pays for which alterations and in what condition the space is returned belongs in the contract.

Retail

Shop window frontage, footfall and permitted use must fit together. In a sale, it also counts how long the tenant is firmly bound and whether there are extension options.

Restaurants with succession

Often a new operator takes over the fixtures and fittings against a transfer fee. We bring the landlord, the previous and the new operator together and check the concept and financing. A required restaurant licence (Gaststättenerlaubnis) is tied to the person of the operator and must be applied for again by the successor.

Warehouses and logistics

Ceiling height, doors, floor load, access and outdoor areas decide. We compile the technical data so that users and buyers can decide quickly.

Index-linked rent and term

How long a tenant is firmly bound and how the rent is adjusted determines the purchase price of let commercial properties. We present terms, options and adjustment clauses clearly for each contract.

VAT when letting

The landlord may only opt for VAT if the tenant uses the premises for transactions that do not exclude the deduction of input tax (§ 9 Abs. 2 UStG). We ask about this before the contract is signed and record it in the tenancy agreement.

The documents we need.

Whatever is missing, we obtain. The more complete the documents are at the start, the faster buyers decide.

  • Extract from the land register (Grundbuch) and cadastral map
  • Floor plans and schedule of areas by use
  • Building permit with the approved use
  • Commercial tenancy agreements with addenda, options and adjustment clauses
  • Rent roll with terms, rents and securities
  • Service charge statements
  • Energy performance certificate (Energieausweis)
  • Information on the VAT treatment of the rents
  • For companies: extract from the commercial register (identification duty under the German Anti-Money Laundering Act, Geldwäschegesetz)

Frequently asked questions

Good to know.

Does the rent cap apply to commercial property?

No. The rent cap (Mietpreisbremse) does not apply to commercial property. Rent level, term and rent adjustment are largely freely negotiable.

How high may the deposit be for commercial space?

The amount is freely negotiable. Cash deposits, bank guarantees or rent deposit insurance are common.

Who pays the commission?

For commercial space to let and for the sale of commercial property, the commission is freely negotiable. Who pays it and how much is agreed in writing before we start.

What is an index-linked rent?

The rent follows the development of the consumer price index of the Federal Statistical Office, both upwards and downwards. In commercial tenancy agreements, the validity of the clause depends among other things on the term of the contract (Preisklauselgesetz).

How do you check prospective commercial tenants?

With an extract from the commercial register, the business concept and a credit report, and for start-ups additionally with proof of financing. You receive a reasoned recommendation; the decision is yours.

Is VAT payable when a commercial property is sold?

The sale of a plot is in principle exempt from VAT (§ 4 Nr. 9 Buchst. a UStG). For let commercial properties, a transfer of a going concern (§ 1 Abs. 1a UStG) or an option for VAT in the notarial purchase agreement (§ 9 Abs. 3 UStG) may be considered. Please clarify with your tax advisor which solution fits. We do not provide tax advice.

Do you also handle succession in restaurants?

Yes. We bring the landlord, the previous and the new operator together, check the successor’s concept and financing and obtain the landlord’s consent.

Offer a commercial property.

A few details are enough. We reply within one working day.

We reply within one working day.