Our SIPP and SSAS Pension Property Service
Specialist Legal Advice for Commercial Property Investment
SIPPs (Self-Invested Personal Pensions) and SSASs (Small Self-Administered Schemes) offer flexible and tax-efficient ways to invest in commercial property, giving you significantly greater control over how your pension assets are managed. These structures are widely used by business owners, company directors and investors as part of long-term retirement, tax and succession planning.
At Myerson, our team advises SSAS members, trustees, administrators, and business owners on every aspect of SIPP and SSAS property transactions, ensuring all work aligns with legal requirements. As a Top 200 UK Law Firm, we offer expert, trusted guidance throughout the full lifecycle of a SIPP and SSAS pension property investment.
What Is a SIPP?
A SIPP (Self-Invested Personal Pension) is a personal pension that gives individuals the freedom to choose how their pension savings are invested.
Unlike traditional pensions, where the provider makes investment decisions, a SIPP allows investment in a wide range of assets, including commercial property, shares, bonds, and specialist investment products. SIPP providers play a key role in facilitating these investments.
- Commercial property
- Shares
- Bonds
- Specialist investment products
SIPPs are operated by specialist pension providers or insurance companies and regulated by the Financial Conduct Authority (FCA).
The role of SIPP providers in managing these investments is crucial, as they ensure compliance with all regulatory requirements. They are especially attractive to individuals and business owners seeking tax efficiency, flexibility and closer control over their pension strategy.
SIPPs are particularly well-suited to commercial property investment, where rental income and capital growth benefit from the pension scheme’s tax advantages.
Residential property cannot be held directly within a SIPP, but SIPP providers can sometimes accept investments that include residential elements if they are structured correctly.
What Is a SSAS?
A SSAS Pension Scheme is a workplace pension typically set up by a company for its directors, senior employees, or family members, offering the option to actively manage pension fund assets.
Like a SIPP, a SSAS offers wide investment flexibility, including commercial property, but provides additional advantages that often benefit SMEs and family-run companies.
A SSAS is managed by trustees (often the members themselves as well as a professional trustee), offering high levels of oversight and control over pension plans, contributions, and investments.
SSASs can be more flexible than SIPPs because they:
- May benefit from pooled contributions, enhancing members' investment capabilities
- Enable joint investments in property and other assets
- May lend money back to the sponsoring employer in certain circumstances
- Support succession planning in family businesses
Both SIPPs and SSASs can be effective structures for commercial property investment. Consultation with SIPP providers and SSAS professionals can help you explore the available investment options and assess which is most suitable for your needs.
How We Assist with SIPP and Property SSAS Investments
Our SIPP and SSAS team brings together expertise from our Commercial Property, Corporate, Dispute Resolution and Private Client departments to provide joined-up, specialist support.
This collaborative work enhances the overall service and ensures clients receive comprehensive advice.
We routinely act for trustees, administrators, SIPP and SSAS members, and business owners on matters including:
Property Sales, Purchases & Structuring
Buying and selling commercial property for SIPPs and SSASs, structuring mixed-use or complex transactions, joint purchases, and transfers of property into a pension scheme.
Due Diligence
- Full legal due diligence on property acquisitions
- Advising on title, leases, restrictive covenants and planning issues
Financing & Borrowing
Advising on borrowing arrangements, including the 50% borrowing cap for SIPP and SSAS property investments, handling loan and security documentation, liaising with commercial lenders, and satisfying lender requirements.
Leases, Property Management & Occupational Arrangements
Drafting and negotiating new commercial leases, advising on rent reviews, break clauses, assignments, and underlettings. Preparing leases where your company occupies a SIPP/SSAS-owned property (at market rent), supporting ongoing property management.
Corporate Transactions & Pension Property
Advising on pension property in commercial transactions such as business sales or acquisitions, reviewing pension assets during due diligence, and handling assignments, transfers, and restructuring involving SSAS Pension investments.
Dispute Resolution & Professional Negligence
- Landlord and tenant disputes
- Neighbour and boundary disputes
- Dilapidations and forfeiture claims
- Professional negligence claims involving IFAs, surveyors or pension advisers
- Professional negligence issues can also impact the SIPP and SSAS Pension property arrangements
What Types of Property Can a SIPP or SSAS Buy?
We advise on all commercial property types suitable for pension investment, including:
- Offices
- Warehouses and industrial units
- Retail premises
- Hotels, leisure and hospitality properties
- Mixed-use properties (with appropriate structuring)
However, SIPP and SSAS providers offer options for mixed-use buildings, structuring investments so the pension scheme acquires only the commercial part.
SIPP & SSAS Pension Property FAQs
Can SIPPs and SSASs buy any type of property?
No. SIPPs and SSASs can only buy commercial property, such as offices, industrial units, warehouses, shops, hotels and mixed-use buildings (with structuring). However, the commercial element of mixed-use buildings may still be eligible, provided careful planning and guidance from SIPP and SSAS property advisors are in place.
Can my business occupy a property owned by my SIPP or SSAS?
Yes. Your business can lease the property from your SIPP or SSAS, but the rent must be set at market value, with a full commercial lease in place.
Rent is paid directly into the pension scheme, offering tax efficiency and keeping clear records of all payments.
Can I transfer a property I already own into my SIPP or SSAS?
Yes, this is possible, subject to:
- Independent valuation
- Full legal due diligence
- Agreement from the scheme administrator.
Depending on circumstances, separate representation may be required if you are both the seller and the pension beneficiary.
How much can a SIPP or SSAS borrow to buy a property?
Both SIPPs and SSASs can typically borrow up to 50% of the net value of the pension scheme's assets at the time of the loan, supporting enhanced investment capacity.
We advise on the legal aspects of the borrowing and lender security.
Are there tax advantages to buying property through a pension?
These benefits can significantly increase the value of your pension fund.
Key tax benefits include:
- No income tax on rental income,
- No capital gains tax on the sale of the property,
- Potential inheritance tax advantages are available, although this is set to change in 2027.
These incentives encourage investment in commercial property through your SSAS or SIPP.
What due diligence is required when a SIPP or SSAS buys property?
Pension providers require full legal due diligence, including title investigation, searches, and enquiries as well as an independent valuation.
Can a SIPP or SSAS jointly purchase property with other parties?
Yes. Joint purchases are common, for example, with:
- Other pension schemes
- Business partners
- Individuals
We can structure joint ownership arrangements, declarations of trust and co-investment agreements.
Do SIPPs and SSASs pay Stamp Duty Land Tax (SDLT)?
Yes. Pension schemes do not benefit from special SDLT reliefs. SDLT is payable in the same way as any other commercial property purchase.
Who holds the legal title to the property?
Legal title is usually held jointly by the pension scheme administrator and the member(s) as trustees of the scheme. The beneficial ownership remains within the pension wrapper, ensuring alignment with SIPP and SSAS investment goals.
What are the risks of investing in commercial property through a pension?
Risks include:
- Fluctuating rental income
- Changes in property market value
- Potential liquidity issues if funds are needed quickly
- Strict HMRC rules requiring careful compliance
Professional advice is essential before proceeding.
How long does a SIPP or SSAS property purchase take?
Timeframes vary, but most transactions take 8–12 weeks, depending on:
- Property complexity
- Funding arrangements
- Third-party involvement
- Any issues raised during due diligence
Can a SIPP or SSAS make improvements or alterations to the property?
Yes, but:
- All costs must be funded by the pension scheme
- Improvements must comply with HMRC rules
- Professional trustees must approve works in advance
Can I switch properties between different pension schemes?
Yes, transfers between schemes (e.g., SIPP to SSAS) are possible, subject to agreement from both scheme providers and the completion of the legal transfer documents.
Is a SSAS better than a SIPP for property investment?
Neither is universally “better”, the right choice depends on your:
- Business structure
- Number of members investing
- Desire for pooled contributions
- Intention to use employer loans
- Succession or family-planning needs
Why Work With Our Commercial Property Team
- Ranked as a Top Tier firm by The Legal 500.
- Access to over 30 property experts across Myerson’s Property Group.
- We were the winners of ‘Property Team of the Year 2021’ at the Manchester Legal Awards.
- Partner-led, commercially focused advice.
- City-quality expertise at regional prices.
- One-site collaborative team for seamless service.
- Proven capability to meet tight deadlines and manage complex, multi-party transactions.
- Free access to our Property Portal, webinars and newsletters.
Testimonials
Neil Swimmer - Director, Mosley Street Developments Ltd
Thank you for all the hard work, care and attention that you’ve put into all the matters relating to Two St Peter’s Square with which you’ve dealt for us over the past few years. It’s been a bit of a roller coaster for all of us at times, but we’ve always known that we could rely on you to deal with your part of the process speedily and efficiently.
Legal 500, 2024
An extensive team with good knowledge, good response times and good communication. The client document portal is extremely useful for those with extensive portfolios especially.
Mark Davies, Philip J Davies Holdings Plc
We always find Myerson take a commercial approach to any lease transactions. This advice allows us to make informed business decisions agree the best way forward in each scenario.
Mr. I
I strongly recommend this Myerson Solicitors. They are an expert of their job. It was a pleasure to work with Charlotte, was so helpful during my retail unit lease agreement process. She was so approachable, high communication skills and so helpful.
Legal 500, 2024
Myerson have for many years given excellent service for me both on commercial and residential property matters. They have given robust, practical and professional advice throughout.
Don Lucas
Myerson dealt very promptly with a transaction of a commercial property transfer. They acted in a very professional and courteous way to ensure that the transfer was completed in time.
Legal 500, 2022
Myerson provide a personal but comprehensive legal service, covering all aspects of legal practice. Their advice is clear and uncomplicated, always offering options and choices. A graduated structure of practitioners is available as appropriate, from junior assistant to senior partner. Their approach is always professional, complimented by their no-nonsense approach.’
Legal 500, 2022
Fantastic property team of a good size to get through the work and not make you feel like you’re in a queue. Friendly, family feel firm but with fantastic skillset and broad experience in the market.
Legal 500, 2022
I believe that the team are absolutely top quality people who are acting in my best interests.
Legal 500, 2022
The firm is a regional player and has grown to encompass a wide variety of disciplines. They are therefore able to cope with the demands of our commercial clients.’
Legal 500, 2021
The whole team that we deal with are excellent at adapting to our company’s ways of working, particularly regarding updates, advice and payment requirements. They will go above and beyond to ensure we get things over the line in time and provide tailored advice and recommendations.
Our Commercial Property Team
Home-grown or recruited from national, regional or City firms. Our commercial property solicitors are experts in their fields and respected by their peers.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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