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Written by Brad Askew
Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
We’re not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.
Updated April 2026 · England & Wales
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Commercial Property
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
Buying, leasing or refinancing commercial property in England and Wales involves paperwork that has to be handled properly, or the whole transaction can unravel later. Two of the most important steps are registering the interest at HM Land Registry and, where the deal has an international element, having documents notarised.
Both exist to create a reliable public record and to prove that signatures and identities are genuine. I see a lot of business owners treat these as administrative afterthoughts, then get caught out when a lender, a buyer or an overseas counterparty asks awkward questions months down the line.
This page explains what registration and notarisation actually do, when each is needed in a commercial property context, and the practical points worth thinking about before you sign anything. I have written it for directors, landlords and investors who want to understand the process rather than just tick boxes.
Overview
Registration means entering a property interest onto the official register kept by HM Land Registry. Once registered, the title becomes a matter of public record and the registered proprietor benefits from state-backed protection of that interest. Most dealings with freehold and long leasehold commercial property in England and Wales now trigger compulsory registration, including purchases, grants of leases over seven years, and legal mortgages.
Notarisation is a separate process. It involves a notary public witnessing a signature, confirming the identity of the signatory, and certifying that a document is genuine. In the UK domestic context, most commercial property documents do not need a notary at all, they need witnessing under the rules for deeds.
Notarisation becomes important when a document has to be used abroad, when an overseas company is signing, or when a lender or foreign registry insists on it. Knowing which process applies to your situation is the difference between a smooth completion and a delayed one.
Key steps
01
Work out what the transaction actually needs. Before spending money on anything, identify whether you are dealing with a freehold purchase, a new lease, an assignment, a charge or something else. Each triggers different registration requirements at HM Land Registry, and only some will involve a notary at all. Getting this right at the start saves wasted cost.
02
Check the title position early. Ask for up-to-date official copies of the title and plan from HM Land Registry, or commission a pre-contract search if the property is unregistered. Review restrictions, charges, easements and covenants that could affect how you use the premises or your ability to raise finance against them later.
03
Prepare the deed correctly for execution. Transfers, leases and legal charges must be executed as deeds. That means getting the wording right, ensuring the correct signatories sign on behalf of any company, and arranging an independent witness. If an overseas company is party to the document, take advice on execution formalities in that jurisdiction before the signing date.
04
Arrange notarisation only where it is genuinely required. If a document will be used outside the UK, sent to a foreign land registry, or signed by someone abroad, a notary public may need to authenticate it. Some countries also require an apostille under the Hague Convention. Factor in the time this takes, because it rarely happens on the same day.
05
Submit the application to HM Land Registry promptly. After completion, the buyer or tenant, usually through their conveyancer, must apply to register within the priority period of the official search. Stamp Duty Land Tax may need to be paid first and the SDLT certificate submitted with the application. Late applications can cause priority and insurance problems.
Common questions
QIs registration at HM Land Registry compulsory for commercial property?
In most cases, yes. Purchases of freehold commercial property, grants and assignments of leases with more than seven years left to run, and first legal mortgages all trigger compulsory registration in England and Wales. Some older unregistered titles only come onto the register when they are next dealt with. If registration is missed within the relevant time limit, the legal estate can revert, so it is treated as a priority on completion.
QWhat is the difference between witnessing a deed and notarising a document?
Witnessing a deed means an independent adult watches the signatory sign and then adds their own signature, name and address. This is what English law normally requires for transfers, leases and charges. Notarisation is a more formal step where a notary public verifies identity, witnesses the signature and applies an official seal. Notarisation is usually only needed when a document will be relied on overseas or by a foreign authority.
QWhen does an apostille need to be added?
An apostille is a certificate issued by the Foreign, Commonwealth and Development Office confirming that a UK notary's signature and seal are genuine. It is required when a notarised document is going to be used in another country that is party to the Hague Apostille Convention. Your notary can usually arrange this, but it adds time, so build it into the transaction timetable rather than leaving it to the last minute.
QCan a solicitor act as a notary?
A solicitor and a notary public are separate roles, although some individuals qualify as both. A general-practice solicitor cannot notarise documents unless they also hold a notarial qualification and are on the roll of notaries. For international commercial property work, it is worth checking this at the outset, because using a solicitor who is not also a notary will mean bringing in a separate professional to handle the notarisation.
QWhat happens if a commercial lease is not registered?
If a lease that should have been registered is not registered within the required period, it takes effect only as a contract between the original parties rather than as a legal estate. That creates serious problems on any future sale, assignment or refinancing, because a buyer or lender cannot see the tenant's interest on the register. It can also affect priority against third parties, so the issue is worth fixing as soon as it comes to light.
QDoes an overseas company need to do anything extra before buying UK commercial property?
Yes. Overseas entities that own or buy qualifying UK property must register on the Register of Overseas Entities at Companies House and obtain an ID before HM Land Registry will register them as proprietor. There are also execution formalities that differ from English companies, and notarisation plus an apostille may be needed on signature pages. This is an area where getting structuring advice early avoids delays at completion.
QHow long does registration take after completion?
Timescales at HM Land Registry vary considerably depending on the type of application and current workload. Straightforward dealings on registered titles are often processed relatively quickly, but first registrations, transfers of part and applications involving new titles can take much longer. During this period, the official search priority protects the applicant. Check the current processing times on gov.uk before giving clients or lenders firm completion-to-registration estimates.
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Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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