What should you know about alterations clauses in commercial leases?

Small changes to fixtures and fittings may be allowed as general cosmetic changes to the premises, but more substantial changes may require the consent of not only your landlord, but also the planning office of your local authority. If your business intends to change how the premises will be used, your local authority must allow this. Changing a warehouse into office space for instance, would need the consent of your local authority.

More significant changes to your building may also require planning permission. This is often needed if you intend to expand your premises. Moreover, if your premises are within a conservation area, or the building is listed, you will almost certainly need additional permissions before you can legally carry out any of the work. Your commercial lease agreement should clearly state who is responsible for obtaining these permissions.

Other major alternation clauses your business should be aware of are your business’s responsibilities the end of your commercial lease. Most commercial leases will require that you leave the building as you found it. This not only means its general state of repair, but could also mean you would have to change any alterations you have made in order to reinstate the original condition of the building. As these alterations could be very expensive, always have your commercial property solicitor check this part of the commercial lease agreement before you sign it.

If you enter into a dispute with your landlord, local authority or even English Heritage over listed building status, you should seek the help, advice and representation of a commercial property solicitor. Your commercial lease will be a highly complex legal document that you should fully understand before you sign.

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