Commercial property lawyers in The Gambia

Are you buying premises, taking a lease or acquiring a business?

The legal work depends on what is being acquired. Buying a building, taking a lease and buying the company that operates from the property are different transactions, with different documents and liabilities to investigate. Solie Law Chambers advises on commercial property in The Gambia for local businesses, regional investors and international professional clients.

Our work covers offices, bank premises, shops, warehouses, hotels, guest houses, restaurants and other business property. We also assist corporations and NGOs considering premises for their operations. Explain the proposed use, who will occupy the property and when it needs to be available.

At the outset, establish what is included in the price: land or lease rights, buildings, equipment, stock, contracts or shares. An attractive location does not by itself establish the legal right to use the premises as intended.

What should be checked before you commit to commercial premises?

The review should connect the seller or landlord, the property and the interest being offered. Obtain the ownership documents, relevant plans, existing leases and details of any person acting on the owner’s behalf.

• Title and authority: the interest held, earlier transfers and authority to sell, lease or grant security.
• Occupation: tenants, licensees, staff accommodation or other people using the premises.
• Restrictions and obligations: lease conditions, security, existing disputes and any consents needed.
• Access and services: rights affecting entry, shared areas, deliveries and utility connections.
• Intended use: the permissions and operational approvals relevant to the proposed business.

The Ministry of Justice’s Deeds Registry guidance identifies property instruments and searches within its services. The appropriate enquiries should be agreed for the tenure and documents involved. Technical surveys, valuations and building inspections may also be required.

Which commercial lease terms deserve particular attention?

The rent is only one part of the commitment. A lease needs to work for the organisation’s operations, budget and possible exit. Review the term, payment currency, advance rent or deposit, rent reviews, repair responsibilities and any service or shared-facility charges.

Discuss permission for alterations, signage, equipment and the intended use before spending money on a fit-out. Identify who must carry out works before occupation, when rent starts and what happens if the premises are not ready. Insurance, damage, interruption of use and reinstatement also need attention.

Expansion, transfer to another group entity, subletting, renewal and early termination should be considered before signing. A guarantee can create obligations beyond the tenant itself. Our rental agreement guidance covers related payment, repair and end-of-tenancy issues.

What additional questions arise when buying a hotel or tourism business?

For a hotel, lodge, guest house, restaurant or beach business, identify the property rights and the operating business separately. The purchase may involve an existing lease, employees, guest bookings, supplier contracts, equipment and a trading name as well as the premises.

Check which licences and permissions the operation requires, who holds them and whether a change of owner or operator requires further steps. Do not assume that an existing operation can continue unchanged merely because the property is sold.

The agreement should address responsibility for existing liabilities, customer deposits, unfinished works and any conditions that must be met before completion. Where redevelopment is planned, consider the development and construction arrangements at the same time. Financial accounts and commercial projections should be reviewed with the appropriate financial advisers.

How do we support banks, corporations, NGOs and overseas advisers?

Institutional instructions often require a clear scope, an agreed reporting format and coordination with decision-makers outside The Gambia. We can discuss document review, enquiries, transaction conditions and the Gambian legal work with your in-house team or existing advisers.

For a bank or lender, the property review may need to be considered alongside the facility, security and enforcement position. Our banking and finance service addresses those wider questions. A property valuation remains a separate professional exercise.

Corporations and NGOs should identify the contracting entity, signing authority, occupation needs and any funding or internal approval conditions. We can discuss phased work and reporting for local, regional and international professional clients. Advice on another country’s law or tax position should be coordinated with an adviser there.

How should completion, handover and future problems be addressed?

The transaction documents should identify what must happen before money is released and possession changes. Relevant conditions may concern documents, consents, vacant possession, agreed works or the discharge of existing obligations. Confirm who is responsible for each item and what evidence is required.

At handover, record the documents, keys, equipment and condition relevant to the agreement. Identify any registration and other follow-up work, together with the final records the client should receive.

If ownership, occupation or performance is already disputed, explain this before signing a new arrangement. Our land and property dispute service can assess the issue and available response. The associated Gambia Property Sales website carries listings; a property introduction and a legal instruction are separate arrangements. Confirm who the firm represents and any other role it has in the transaction.

What should you include in your first enquiry?

Provide the property location, intended use, proposed price or rent, parties involved and target date. Tell us whether terms have been agreed, money paid or documents signed. Mention any lender, agent or adviser already involved.

The initial scope can distinguish title and document review, negotiation, completion and post-completion work. Request an estimate separating legal fees from taxes, official charges, inspections and other professional expenses. This allows the work to be matched to the transaction and its immediate decisions.