What are Commercial Property Standard Enquiries?

Askews Website 2022 Commercial Property Standard Enquiries

When selling or leasing your non-residential property, you are likely to be asked to complete Commercial Property Standard Enquiry (CPSE) forms.

At present, there are 7 possible CPSE forms you could be asked to complete. The specific form(s) you are asked to complete is contingent on the nature of the transaction.

Dependent on the transaction, you could be asked to complete more than one of the following form(s):

  1. CPSE 1 – General pre-contract enquiries for all commercial property transactions;
  2. CPSE 2 – Supplemental pre-contract enquiries for properties subject to tenancies for commercial use;
  3. CPSE 3 – Supplemental pre-contract enquiries for commercial property on the grant of a new lease;
  4. CPSE 4 – Supplemental pre-contract enquiries for commercial leasehold property on the assignment of a lease;
  5. CPSE 5 – Enquiries before the surrender of a rack rent commercial lease;
  6. CPSE 6 – Supplemental pre-contract enquiries for properties subject to residential tenancies;
  7. CPSE 7 – General short form pre-contract enquiries for all property transactions.

When disposing of your commercial property, CPSE 1 is a universal commercial property enquiry form which you are likely to be requested to complete in every transaction.

Completing CPSE 2-7 is dependent on the nature of the transaction. For example, if you are disposing of a lease by way of an assignment, you could be asked to complete CPSE 4. If you are granting a new lease, you could be asked to complete CPSE 3. Your solicitor will advise you accordingly.

It is worth noting that an updated version of CPSE 6 has recently been issued to include an enquiry relating to ground rent. The Leasehold Reform (Ground Rent) Act 2022 came into force on 30th June 2022. Please refer to the following article for further information: Landlords Beware: Leasehold Reform (Ground Rent) Act 2022 | Askews Legal LLP.

In addition to utilising the CPSE forms, your solicitor is likely to raise further enquiries on your behalf, such as enquiries on the title of the property. The title of the property refers to the key information about the property including who owns the same and what restrictive covenants affect the property.

Completing CPSE forms can be a minefield if they are not completed correctly, it is therefore important to seek expert legal advice to ensure their completion as accurately and comprehensively as possible. You do not wish to be inadvertently exposed to liability when disposing of your commercial property.

If you have any questions regarding anything covered in this article, please call us on 02476 231000 or email enquiries@askewslegal.co. Please note that this article is for information purposes only and does not constitute legal advice