Diploma in Commercial Property

Programme objectives

On completion of this Diploma in Commercial Property training programme, participants will have the ability to:

• Review, draft and negotiate commercial leases;
• Identify issues of concern when acting for the landlord or tenant in commercial lease negotiations;
• Draft suitable special conditions for insertion to the general contract for sale in commercial property transactions;
• Advise clients in relation to the acquisition and disposal of various types of commercial property;
• Review standard property lending and investment documentation and advise clients in relation to these documents and  in relation to emerging investment structures;
• Identify relevant tax issues in relation to transactions

Programme structure and approach to learning

With a renewed level of activity in the property market, this course aims to expose practitioners to the key areas of practice that arise when advising clients in all areas of commercial property transactions. Lecturers will draw on their own experiences of practising in this area with reference to legislative updates, practice directions and practical case studies to provide participants with the necessary knowledge to advance in this area. The practical emphasis of the course is reinforced by three practical workshops, which will provide an opportunity to engage with topics through problem based scenarios in a small group setting.

Modules

The programme is based on the following module scheme and covers key themes as listed below:

Module 1: Introduction & Basic Principles

• Contracts & General Conditions of Sale: What to look for in a Commercial Property transaction,
• Drafting Special Conditions.

Module 2: Commercial Leases

• Key agreement for lease issues,
• Rent review – key terms,
• Key Lease occupation issues,
• Drafting and negotiating a lease.

Module 3: Development & Planning

• Acting for a developer – Scheme Documentation and booklet of title,
• The  Multi-Unit Developments (MUD) Act 2011 for new builds,
• Build to rent,
• The Building Control (Amendment) Regulations 2014,
• Practical planning advice for the commercial property lawyer.

Module 4: Property Financing & Investment

• Company/Commercial Law aspects of Commercial Property,
• Investment structures,
• Property lending.

Module 5: Taxation

• Stamp Duty,
• Taxing Commercial Leases,
• Tax arising on the purchase and sale of freeholds.

Module 6: Dealing with Distressed Sales

• NAMA transactions
• Loan portfolio sales
• Distressed real estate.

Workshops

Workshops are interactive sessions that focus on group problem-solving and are designed to revise all modules covered to date and to consolidate the participant’s knowledge.

• Workshop 1 – 4 December 2021 (10.00am to 1.30pm):  This commercial leases workshop will focus on reviewing leases and the negotiation process involved.
• Workshop 2 – 22 January 2022 (10.00am to 1.30pm): This workshop involves a series of four interactive acquisition and disposal case studies including the purchase of a hotel/pub, mixed-use development and distressed real estate.
• Workshop 3 – 26 February 2022 (10am to 2pm): Students work through past exam questions and a mock paper in preparation for the end of course exam. Best practice advice is also provided.

Assessments

Three-hour closed-book examination.

Who should attend?

This diploma is open to lawyers only. This course is aimed at solicitors with a level of experience in this area.  It will also provide a useful refresher course for those who may have recently returned to property practice and for those looking to update their knowledge in this area. The course is also open to trainee solicitors who have successfully completed their PPC I.

Faculty

Lecturers and tutors will be drawn from solicitors, barristers, accountants, and others with expertise in the field of corporate law and governance.

Previous lecturers have included:

• Suzanne Bainton, Liston & Company,
• Martin Colman, Dillon Eustace,
• Leonie Dunne, Matheson,
• Sean Greene, Eversheds Sutherland,
• Jarleth Heneghan, William Fry,
• Aideen Hennessy, HOS Partners LLP,
• Rachel Niall, Chief State Solicitor’s Office (CSSO),
• Kerry-Jane Morgan BL,
• Alan Roberts, A&L Goodbody,
• Ultan Shannon, Arthur Cox,
• Michael Walsh, ByrneWallace LLP.

CPD

We have designed our courses to enable you to satisfy as much of your CPD requirement as possible. Time spent attending lectures and workshops in person or completing these via e-learning as part of your course can be claimed towards your annual CPD requirement. The number of hours of CPD that you may claim in relation to your diploma/certificate course will depend on the way in which you access each of the individual sessions. Please note that the limit for e-learning has been removed for the 2021 CPD cycle. For further information, visit the CPD scheme and download the CPD booklet.

The Diploma Centre team will host our annual CPD conference in November 2021. This complimentary event is a dedicated management and professional development skills and regulatory matters session. We will post an invitation on your Diploma Hub page later in the year.