Commercial Leases - September 30th 2023

: A couple of very recent instructions show…. 

There are always lessons to be learnt with developing commercial buildings. Whether it's a change of use, making additions, or undergoing a refit - each project is invariably very different. 

Whilst some aspects of the work may require planning permission, there is little doubt that pretty well all aspects of it will need a building regulations application. 

Those works will also have to comply with the requirements of the lease where the landlord is letting the property to a business tenant. It's important from the beginning - that is, before any agreement is created - that each party understands the other's intentions. This should be made clear during the preliminary negotiations. 

Any changes to the building are going to have a negative affect on the landlord tenant relationship if they go against what is allowed in the wording of the lease. That’s even if the statutory permissions have been granted. Very often specific items of construction work, may have to be changed or adapted in order to fit within the lease provisions. 

This can impact on the way the plans are formulated and can often require methods of construction which work around the difficulties created by wording in leases. 

The whole methodology of works then has to be addressed with, of course, the costs implications that are triggered from adapting the project. 

Finding adaptable solutions that fit budget requirements is one aspect of the commercial sector that we are highly experienced in, from either the landlord or the tenant's point of view.

Article updated September 30th 2023 by Rick Stephens, Senior  Building Surveyor

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