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Legal Considerations when Choosing Business Premises

Starting a new business is a very exciting time and there will be lots of decisions to make. One key business decision will be to choose your business premises.  You need to ensure that you can operate effectively from the premises and that it is in the right location for your customers to find you.

The following is a list of considerations to make when choosing business premises:

  • Ensure that the business premises match your needs
  • Is there planning permission for your type of business?
  • It must comply with health, safety and fire regulations
  • Stamp duty is payable on commercial leases
  • You are responsible for the health and safety of employees and visitors
  • It is your responsibility to provide a suitable working environment
  • Accessibility for providing access when selling goods and services
  • Comply with the terms of any lease or licence
  • Delivery restrictions/access, times allowed to deliver etc. to prevent noise and pollution
  • Insurance
  • Ensure you have enough money to cover the deposit and the cash flow for the monthly payments

There are also legal considerations that you need to be aware of:

When renting out a business property you will have some obligations by law – but some are dependant on what it says in your lease.

In licenced or leased premises responsibility are shared between landlord and tenant.

Your landlord is responsible for any health and safety aspects written into your lease, for example in communal areas. You need to take reasonable steps to ensure your landlord meets these obligations.

The lease should also say who is responsible for the maintenance of the property.

You must be certain of any legal requirements you will have as occupier of the premises and the extent of any obligations and/or restrictions that you will have to comply with.

Commercial property and buying a business can be complex therefore, it is important to ensure that you receive professional advice at the earliest stage.

Call our property team on 01527 912912 or contact wayne.thomas@thomasgusie.co.uk.

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