A SIPP is a tax-efficient savings vehicle designed to help individuals save for retirement. They offer individuals more control and flexibility over their pension investments compared to traditional pension schemes. Key features of SIPPs include: Investment choice – a SIPP allows a person to choose from a wide range of investments, including stocks, bonds, mutual funds, exchange-traded funds (ETFs), commercial property, and more. This flexibility gives investors the opportunity to create a diversified portfolio tailored to their specific retirement goals and risk tolerance. Control – With SIPPs, account holders have more control over their pension investments. They can make investment decisions, buy and sell assets, and manage their portfolio according to their preferences. Tax benefits – SIPPs offer tax advantages to encourage retirement savings. Contributions to a SIPP are typically eligible for tax relief, meaning that the government contributes additional funds to the pension pot. Additionally, investments within a SIPP can grow tax-free, and there may be tax benefits when taking retirement income. Flexibility – A SIPP provides flexibility in terms of when and how individuals can access their pension savings. Typically, individuals can start drawing their pension from the age of 55, but they can choose to continue investing or delay withdrawals if they wish. Inheritance planning – SIPPs can also be used as part of an inheritance planning strategy. They can be passed on to beneficiaries upon the account holder’s death, potentially providing a financial legacy. However, while SIPPs offer many benefits, they also come with certain risks, including the potential for investment losses. Therefore, individuals considering a SIPP should carefully assess their investment knowledge, objectives, and risk tolerance before opening one. If you would like some advice regarding SIPPs, please contact a member of our Investment Management team.

A SSAS is designed for business owners, directors, and key employees of small to medium-sized companies to provide them with a way to save for retirement while also offering more control and flexibility over their pension assets. The key features of SSAS include: Control and flexibility – One of the primary advantages of a SSAS is the level of control and flexibility it provides. Members of the scheme, who are typically key individuals within the business, have significant control over investment decisions and the management of pension assets. This allows for more tailored and strategic investment choices. Investment option – SSASs offer a wide range of investment options, similar to SIPPs. Members can invest in various assets, including stocks, bonds, commercial property, and other investments, depending on the scheme’s specific rules and regulations. Company ownership of assets – A unique feature of SSASs is that they can own assets on behalf of the scheme members. This can include commercial property or even shares in the sponsoring company. This feature can be used strategically for business purposes, such as owning company premises or facilitating business financing. Tax benefits – Contributions made by the company to a SSAS are typically treated as an allowable business expense, reducing the company’s taxable profits. Additionally, investments within a SSAS can grow tax-free, and there may be tax benefits when taking retirement income. Inheritance planning – SSASs can be used as part of an inheritance planning strategy. In the event of a member’s death, the assets held within the SSAS can often be passed on to beneficiaries, providing a potential financial legacy. Regulation – SSASs are subject to regulation by The Pensions Regulator and must comply with specific rules and reporting requirements to ensure that they meet legal and regulatory standards. SSASs are generally suited for business owners and directors who want greater control over their pension investments and may wish to integrate their pension planning with their business strategy. However, they also come with certain responsibilities and administrative requirements, so it’s essential to seek professional advice. If you would like some further advice, please contact a member of our Investment Management team.

SIPP & SSAS Property Purchase | Nelsons Solicitors

Planning for your future

Using a Self-Invested Personal Pension (SIPP) scheme or Small Self-Administered Scheme (SSAS) to purchase a property. An appealing combination, but a complex and heavily regulated area of law that calls for specialist legal advice from an experienced team of solicitors.

At Nelsons, we specialise in facilitating the purchase of properties through SIPP and SSAS. Our legal expertise ensures that your investment is not only compliant with current regulations but also optimised for your retirement planning.

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How can I purchase a property using a SIPP or SSAS?

Passing Pension Onto Loved Ones Purchasing a property through a pension scheme can make great financial sense. It can release equity from a company’s business premises and boost the value of a pension fund.

Through a SIPP or SSAS, individuals can buy a property either to use as business premises or as part of an investment portfolio. An owner of freehold business premises can sell the freehold to their pension fund, making money by leasing the property back to the company.

The main benefits to be gained are in tax savings. Investments don’t attract Capital Gains Tax, for example, and tax relief will apply to most contributions.

How our solicitors can help with a SIPP or SSAS property purchase

At Nelsons, our experienced team in Derby, Leicester and Nottingham are experts on the laws relating to commercial property. Our team can advise on:

Purchasing or selling commercial property into a pension fund
Obtaining mortgages against pension properties
Leases, sub-letting, and assignments
Transferring real estate between pension funds
Provide advice on and document the trustee’s obligations

When it comes to pensions and property, our team has extensive experience in advising individuals, companies and pension providers on the intricacies of SIPPs and SSASs. Our solicitors work with clients to design the best, most tax-beneficial, arrangements for them.

When it comes to realising property investment, our team works efficiently to handle the disposals, capturing the best possible deal for our clients.

Meet the team

Riaz Dudhia
Partner & Solicitor
James Coningsby
Partner & Solicitor
Paul Hinchliffe
Partner & Solicitor
Ian Torr
Partner & Solicitor
Kieron Crowther
Partner & Solicitor

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Why choose Nelsons?

Specialised and recognised knowledge – Our lawyers are well-versed in the intricacies of SIPP and SSAS property transactions. Our solicitors are also recommended by the independently-researched publication, The Legal 500, as being one of the top teams of experts in the country.
Tailored solutions – We provide bespoke legal advice that aligns with your investment goals and pension planning.
Comprehensive support – From identifying potential properties to managing the acquisition process, we offer end-to-end support.
Client-centric approach – We prioritise your financial security and work diligently to ensure your property investment is a success.

Testimonials…

"With particular expertise in the retail and education sectors, Nelsons...Leicester team is instructed by developers, investors and banks in various matters, including lease agreements, investment purchases, secured lending transactions and property sales."

The Legal 500
"Nelsons...varied portfolio of work includes strategic land acquisitions, lease agreements, site assembly and project finance transactions."

The Legal 500
"Personal service and timely responses set this firm out from others I have worked with..."

Referee feedback provided to The Legal 500 2023
"...They are experienced and technically knowledgeable, yet have a can do attitude and having fully explained all the risks and identifying opportunities they let you get on with making the best decisions for the business."

Referee feedback provided to The Legal 500 2023 (Continued)
"The Commercial Property Team, headed by Riaz Dudhia, is solid from top to bottom without a weak link. They are unfailingly commercial, which is what I want in a law firm."

Referee feedback provided to The Legal 500 2023
"The team at Nelsons in the Commercial Property Dept are experts in their field. The team is led by talented directors who are able to disperse work within their team in order to satisfy clients needs with ease and a high standard of service."

The Legal 500 2023
"The key attribute of Nelson’s commercial property team is the quality and accessibility of the team."

Referee feedback provided to The Legal 500 2024

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Property & Pension Funds FAQS

Below, we have answered some frequently asked questions concerning buying property with a pension fund

What is a SIPP?
A SIPP is a tax-efficient savings vehicle designed to help individuals save for retirement. They offer individuals more control and flexibility over their pension investments compared to traditional pension schemes.

Key features of SIPPs include:
- Investment choice – a SIPP allows a person to choose from a wide range of investments, including stocks, bonds, mutual funds, exchange-traded funds (ETFs), commercial property, and more. This flexibility gives investors the opportunity to create a diversified portfolio tailored to their specific retirement goals and risk tolerance.
- Control – With SIPPs, account holders have more control over their pension investments. They can make investment decisions, buy and sell assets, and manage their portfolio according to their preferences.
- Tax benefits – SIPPs offer tax advantages to encourage retirement savings. Contributions to a SIPP are typically eligible for tax relief, meaning that the government contributes additional funds to the pension pot. Additionally, investments within a SIPP can grow tax-free, and there may be tax benefits when taking retirement income.
- Flexibility – A SIPP provides flexibility in terms of when and how individuals can access their pension savings. Typically, individuals can start drawing their pension from the age of 55, but they can choose to continue investing or delay withdrawals if they wish.
- Inheritance planning – SIPPs can also be used as part of an inheritance planning strategy. They can be passed on to beneficiaries upon the account holder’s death, potentially providing a financial legacy.
However, while SIPPs offer many benefits, they also come with certain risks, including the potential for investment losses. Therefore, individuals considering a SIPP should carefully assess their investment knowledge, objectives, and risk tolerance before opening one.

If you would like some advice regarding SIPPs, please contact a member of our Investment Management team.
What is a SSAS?
A SSAS is designed for business owners, directors, and key employees of small to medium-sized companies to provide them with a way to save for retirement while also offering more control and flexibility over their pension assets.

The key features of SSAS include:
- Control and flexibility – One of the primary advantages of a SSAS is the level of control and flexibility it provides. Members of the scheme, who are typically key individuals within the business, have significant control over investment decisions and the management of pension assets. This allows for more tailored and strategic investment choices.
- Investment option – SSASs offer a wide range of investment options, similar to SIPPs. Members can invest in various assets, including stocks, bonds, commercial property, and other investments, depending on the scheme’s specific rules and regulations.
- Company ownership of assets – A unique feature of SSASs is that they can own assets on behalf of the scheme members. This can include commercial property or even shares in the sponsoring company. This feature can be used strategically for business purposes, such as owning company premises or facilitating business financing.
- Tax benefits – Contributions made by the company to a SSAS are typically treated as an allowable business expense, reducing the company’s taxable profits. Additionally, investments within a SSAS can grow tax-free, and there may be tax benefits when taking retirement income.
- Inheritance planning – SSASs can be used as part of an inheritance planning strategy. In the event of a member’s death, the assets held within the SSAS can often be passed on to beneficiaries, providing a potential financial legacy.
- Regulation – SSASs are subject to regulation by The Pensions Regulator and must comply with specific rules and reporting requirements to ensure that they meet legal and regulatory standards.
SSASs are generally suited for business owners and directors who want greater control over their pension investments and may wish to integrate their pension planning with their business strategy.

However, they also come with certain responsibilities and administrative requirements, so it’s essential to seek professional advice. If you would like some further advice, please contact a member of our Investment Management team.