Acuitus Auction Legal Pack: A Complete Buyer's Guide

Acuitus is the UK's leading specialist commercial property auctioneer. Here is what to check in their legal packs — including VAT, commercial leases, and EPC obligations that differ from residential lots entirely.

Summary

About Acuitus

Acuitus is the UK's leading specialist commercial property auctioneer, focused exclusively on commercial real estate — retail investments, offices, industrial and logistics assets, mixed-use buildings with commercial ground floors, development land, and ground rent portfolios. They do not sell standard residential property.

Their auction catalogue attracts a different buyer profile from general residential auctioneers — primarily commercial property investors, property companies, pension funds, and high-net-worth individuals seeking income-producing commercial assets. Lot values are typically higher than at residential auctioneers, with many lots in the £200,000–£2,000,000+ range.

How Acuitus Auctions Work

Acuitus runs traditional unconditional auctions held at London venues several times per year, with live online bidding available alongside the room. Exchange occurs at the hammer fall, with completion in the period specified in the special conditions — typically 20 working days for standard lots, though some larger or more complex lots may specify longer completion periods.

Legal Pack Quality at Acuitus

Acuitus legal packs are generally among the best-prepared in the auction market. Their lots attract experienced commercial solicitors who produce comprehensive packs, and the institutional sellers typically have full documentation for their properties. However, the complexity of commercial transactions means that even well-prepared packs require thorough specialist review.

VAT: The Most Critical Check at Acuitus

VAT is charged on the majority of Acuitus lots. Commercial property sellers who own investment-grade assets almost always opt to tax — they need to recover VAT on their own acquisition and running costs, and VAT registration on the property is standard practice for commercial investors.

This means the purchase price stated in the guide is typically the price plus 20% VAT. The VAT position is stated in the special conditions — always confirm it before bidding. If you are VAT-registered and can opt to tax the property yourself, you can recover the VAT through your VAT return. If you are not VAT-registered, or cannot opt to tax (for example, if you are buying for residential conversion), the VAT is an irrecoverable cost.

Commercial Lease Review

For tenanted Acuitus lots, the commercial lease is the core of the investment case. Key points to review:

EPC and Minimum Energy Standards

Commercial properties must have a valid EPC, and since April 2023 the minimum standard for any new commercial letting is EPC E. Lots with F or G ratings cannot be legally let to new tenants now. The minimum rises to C in 2027 and B in 2030 (proposed). Acuitus packs should always include the current EPC — check it carefully and factor any required improvement costs into your analysis if the rating is below C.

Environmental and Planning Considerations

Commercial properties carry greater environmental liability than residential. Former retail, industrial, or office use can create contamination obligations that pass to new owners. The Environmental Search matters more for commercial lots — pay particular attention to any Phase 1 desk study or intrusive investigation results if included in the pack.

Planning use class determines what the property can be used for. Confirm the current lawful use and whether your intended use (or your tenant's intended use) is within the permitted class or requires planning consent. Class E (Commercial, Business and Service) covers most retail and office uses since September 2020, but B2 (General Industrial) and B8 (Storage) require separate permission to convert to other uses.

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Frequently Asked Questions

What does Acuitus specialise in?

Acuitus specialises exclusively in commercial property — retail investments, offices, industrial premises, mixed-use buildings, and development land. They do not sell residential property. Lots tend to be tenanted commercial investments, and values are typically higher than at general auctioneers.

Is VAT charged on Acuitus lots?

Frequently yes. Commercial property sellers typically opt to tax, adding 20% VAT to the purchase price. Always confirm the VAT position in the special conditions before bidding. VAT-registered buyers who can opt to tax the property can usually recover the VAT; non-registered buyers cannot.

What are the main risks in an Acuitus legal pack?

VAT (20% on top of guide price if opted to tax), commercial lease risks (tenant covenant strength, break clauses, short remaining term), EPC compliance obligations (F/G properties cannot be let), environmental contamination liability, and planning use class restrictions.