A Small Self-Administered Scheme (SSAS) is a type of occupational pension scheme typically set up by private limited companies for directors and key employees. Unlike traditional pensions, a SSAS offers members significant control over investment decisions – including the ability to invest in commercial property.
While it is common for all members to act as trustees, this is not mandatory. SSASs are regulated by HM Revenue and Customs (HMRC) and must comply with strict rules, making them particularly attractive to business owners seeking to align pension planning with broader commercial goals.
Investing in commercial property through a SSAS
Commercial property is a permitted investment under HMRC rules and is popular for its potential to generate income and long-term capital growth. A SSAS can acquire property outright or with a mortgage, subject to prescribed limits, and may lease it to third parties or the sponsoring employer.
Compliance and tax considerations
It is crucial that all SSAS investments comply with HMRC’s permitted investment rules. Investments in “taxable property” – such as residential property or tangible moveable assets (e.g. solar panels, non-permanent mezzanine floors, caravans) – can trigger unauthorised payment charges and additional tax liabilities on income and capital gains.
Our role in the transaction
Our dedicated SSAS Real Estate Team provides end-to-end legal support for property transactions involving SSASs. From initial instructions through to post-completion, we manage the conveyancing process with a focus on regulatory compliance and risk mitigation.
We advise on (among other things):
- property acquisitions and disposals
- lease arrangements
- property finance (either on acquisition or as a remortgage)
- re-registration of property on transfer of SSAS provider/or change of SSAS trustees.
Leasing to third parties or the sponsoring employer
Following acquisition, a SSAS may lease the property to a third party or the sponsoring employer. We prepare tailored lease documentation and guide clients through the regulatory framework to ensure full compliance with HMRC pension rules.
The Birketts view
At Birketts, our SSAS Real Estate Team combines deep knowledge of HMRC regulations with extensive experience in commercial property transactions. We work closely with trustees, administrators and financial advisers to deliver strategic, compliant, and value-driven legal advice.
Considering a SSAS property investment? Contact our specialist team today to discuss how we can support you.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at July 2025.