LEGAL GUIDANCE
Buying commercial property in The Gambia: occupation and use checks
Check whether the property can support your intended business, who occupies it and which obligations you would take on.
What must the premises be able to do?
Describe the intended activity, access needs, storage, alterations and expected opening date. A shop, office, warehouse and hospitality site require different enquiries. The legal review should connect the sale documents to the proposed use rather than focus only on the seller’s asking price.
Identify whether you are buying vacant premises, a tenanted investment or an operating business. If business assets, staff or customer bookings are involved, arrange an additional business acquisition review.
What should be checked about occupation?
- The identity of every tenant or other occupier.
- Leases, amendments, deposits and payment history.
- Repair, renewal, termination and access provisions.
- Unresolved complaints, notices or promises made to occupiers.
- The precise possession or tenancy position promised at completion.
Rental figures in a listing need supporting records. Ask an appropriate financial adviser to assess the investment figures and make any legal assumptions in that assessment explicit.
Which legal and technical checks are separate?
A title and contract review does not determine structural condition, market value or the cost of adapting the premises. Commission appropriate inspections and technical advice. Compare the physical boundaries, access and buildings with the records supplied.
Identify planning, licensing or other permissions to be checked for the proposed activity. Decide what happens under the contract if an important approval or survey result is unsatisfactory. Deal with that question before committing a non-refundable payment.
What should the completion plan cover?
Record the transfer documents, payment conditions, lender requirements and handover arrangements. Where tenants remain, identify the records and deposits to be transferred and the notifications to be made.
Ask for a written list of unresolved issues before making the final decision. Use the due diligence checklist and deposit guidance to prepare for the legal review. For a purchase from overseas, establish who can inspect, sign and accept handover.
Related guidance
Published by Solie Law Chambers. Updated . General guidance; the advice for your matter depends on its facts and applicable law.
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