The commercial terms upon which parties agree to enter into a lease between the parties are usually set out in a document called: a "heads of agreement" (HOA); a "lease proposal";...
Can a lease be varied? A lease, being a contractual agreement, can be varied by way of a supplementary agreement between the parties. If considering a variation of lease, it is important to determine...
It is unlikely that a company will still exist after the end of a period of liquidation given that the purpose of the appointment of a liquidator is: to use the assets of a company to pay the company’s...
What is an agreement for lease? An agreement for lease is a document separate from the lease. It is an agreement to enter into a lease at a later date on the terms set out in the agreement for lease...
What is an incentive? A landlord may give a tenant an incentive to enter into a lease. An incentive is generally (but not always) recorded in a separate incentive deed. See the Precedent Lease incentive...
Key considerations for a tenant before entering into a lease Before entering into a lease, a tenant should ensure that: the premises (and the building containing the premises) are sound; the required...
The Commercial Building Disclosure (CBD) program is a national regulatory program established by the Building Energy Efficiency Disclosure Act 2010 (Cth) (the Act).
Subject to some exceptions, in most cases where commercial office space with a net lettable area of 1000 sq m or more is offered for sale, lease or sublease:
See more detailed information on the application of the CBD program and disclosure requirements below.
The program aims to provide prospective purchasers and tenants of large commercial office space with access to credible and meaningful energy efficiency information and contribute to the achievement of Australia’s greenhouse gas emissions reduction targets. The Act is managed by the Department of Climate Change, Energy, the Environment and Water. Under the Act, the minister is entitled to make determinations regarding core issues.
Since 1 July 2017, the Act has applied to commercial office space offered for sale, lease or sublease with a net lettable area of 1000 sq m or more (strata title offices excluded). Formerly, the threshold for the Act was 2000 sq m.
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