A Tennant’s Pre-Lease Checklist
Before you sign a lease, it's important to understand any approval requirements, compliance obligations or building constraints that could impact your costs, timeline and ability to operate. This checklist highlights six key areas to consider before committing to a new commercial tenancy.
CAN YOU LEGALLY OPERATE YOUR BUSINESS FROM THE PREMISES?
Why it matters:
If your proposed business use differs from the previous tenant's, you may require approval before you can legally operate from the premises. At Ventura Building Surveyors, we work closely with commercial builders to keep projects moving. Here are some of the key reasons inspections get delayed and how to stay ahead of them.
Example:
Changing a retail shop to a restaurant / cafe may need building approval via either Complying Development (CDC) or Development Application (DA) with an Occupation Certificate (OC) required before trading.
IS YOUR INTENDED USE PERMITTED IN THE LAND ZONE?
Why it matters:
You may be in a land use zone that does not permit your intended use
Example:
If you are in an R2 (residential) zone a gym would not be able to operate without applying for a DA.
COULD YOUR BUSINESS TRIGGER ADDITIONAL PARKING REQUIREMENTS?
Why it matters:
Parking requirements can vary depending on the type of business and local Council controls.
Example:
If you were changing a retail shop to a medical centre for example it may require additional parking, even if no changes are proposed to the building itself.
COULD COMPLIANCE UPGRADES BE REQUIRED?
Why it matters:
Upgrade requirements can impact project budgets and timelines.
Example:
Structural and fire safety upgrades, disability access upgrades, other Building Code of Australia compliance works.
ARE THERE RESTRICTIONS THAT COULD AFFECT HOW YOU OPERATE?
Why it matters:
These restrictions can affect how you use and market your premises.
Example:
Trading hours, heritage requirements, flood controls, signage and permitted uses.
COULD ACCESSIBILITY UPGRADES BE REQUIRED?
Why it matters:
New building works could trigger accessibility obligations.
Example:
A new fit out could require a level or ramped access into the premises - removing the existing stepped access.
COULD APPROVALS IMPACT YOUR OPENING DATE?
Why it matters:
Approval processes can affect lease commencement, fit-out programs and launch dates.
Example:
A CDC generally takes 10-15 business days, but a DA can take 3-6 months.
NEED CLARITY BEFORE YOU COMMIT?
Many tenants don't engage a Building Certifier until after they've signed a lease. By then, key decisions have often already been made. Engaging early can help you understand approval requirements, compliance obligations, potential upgrade works and likely project timeframes before you commit.
Have a question about a proposed tenancy? Get in touch for an informal conversation and practical advice on the path ahead.