06/08/2026

An auction pack, sometimes known as a legal pack, is a collection of documents prepared by the seller’s solicitor before a commercial property goes to auction. It gives prospective buyers all the key information, including legal details, about the property. If you are successful in securing a property at auction, the purchase is legally binding as soon as the hammer falls. This makes the auction pack critical to a buyer, as it enables you to do your due diligence in advance and check for any problems or risks that you might be exposed to.

What documents are included in a typical commercial property auction pack?

Before considering bidding for a commercial property at auction, you should obtain a copy of the auction pack from the auction house.

The pack should include:

  • Title Documents: Official copies of the title register and plan showing who owns the property and any rights or restrictions attached to it.
  • Special Conditions of Sale: Contract terms specified by the seller, for example who pays the auction fees or extra costs.
  • Leases and Tenancies: Information about any commercial lease agreements currently in place, rent details and information on tenants if the building is already occupied.
  • Property Searches: Local authority searches, drainage checks and environmental reports.
  • Pre-Contract Enquiries: Standard commercial property replies explaining physical or operational matters relating to the site.
  • Planning and Compliance: Planning permissions, building regulation approvals and the Energy Performance Certificate (EPC).

Do I need a solicitor to check the auction pack before I bid on a commercial property at auction?

Yes, you absolutely do! This is a major purchase and you need to be armed with comprehensive information, plus clear, independent advice before committing to buy at auction. The auction pack is your way of spotting hidden problems.

Remember, you cannot pull out or renegotiate if you buy a property at auction and later find there are issues without losing your deposit. Buying without a legal review carries massive financial risks.

Why a solicitor’s review of a commercial property auction pack is critical

  • Uncovers Hidden Costs: Often hidden in the ‘special conditions of sale’, your solicitor will be able to identify any clauses that make you liable for the seller’s legal fees, auctioneer commissions or outstanding search costs.
  • Checks the Legal Title: Your solicitor will check the legal title to ensure the seller actually has the right to sell the property. They will also check for restrictive covenants, boundary disputes or missing rights of way that could impact your ability to use the property in the way you are planning.
  • Analyses Existing Leases: If there are current tenants in the premises, your solicitor will check whether they have the right to stay permanently (security of tenure), whether rent reviews are overdue or if there are major service charge arrears.
  • Identifies Planning Issues: Your solicitor will verify that the property’s current use is legal and check for enforcement notices, environmental liabilities or planning breaches.

If I want to bid on a commercial property at auction, what should I do?

  1. Obtain the auction pack immediately: You will be able to obtain the pack from the auctioneer or download it from their website.
  2. Instruct a solicitor: Send the pack to a commercial property solicitor who specialises in commercial property auctions. It is really important to do this as soon as possible and not to leave it until the last minute.
  3. Get a report: An expert solicitor will provide a summary report highlighting any red flags, risks or unexpected costs.
  4. Arrange finance: If you need a commercial mortgage, you will need to arrange this in advance. Your lender will carry out their own legal checks on the pack before approving the funds.

Need advice about a commercial property matter?

If you are a seller who needs an auction pack preparing, a buyer who needs a pack reviewing, or need advice on any commercial property matter, please don’t hesitate to contact our experienced commercial property solicitors who will be pleased to advise you. Email enquiry@beswicks.com or phone 01782 205000.