Property and lease due diligence

Work and handover

We examine the agreed title and occupation record set, lease rights, permitted use, access and operational dependencies. Findings identify documentary gaps and contractual protections to discuss before commitment.

Prepare an operating brief covering intended activities, access hours, deliveries, fit-out and shared facilities. Compare those needs with the draft lease and documents available for the premises. Record which points require a contractual change, additional evidence or specialist investigation rather than treating every concern as a wording issue.

Location-specific evidence

• Title/ownership records
• draft lease
• building permissions
• use and layout
• encumbrance information
• owner authority
• operating requirements.

Check that the property description, unit identifiers and occupied area are consistent across the supplied records and draft agreement. Retain evidence of the proposed signatory’s authority and identify documents that have only been requested. A summary from the counterparty should remain distinguishable from the underlying record examined during the review.

A point to resolve early

A commercially attractive lease can still restrict signage, machinery or customer access needed by the business. Compare the actual operating plan with the permitted-use clause.

For a business receiving deliveries outside normal building hours, a lease permitting the general activity may still leave access arrangements unclear. Identify the loading area, shared-space rules and party responsible for confirming the arrangement. Record any agreed solution in the appropriate transaction documents rather than relying solely on a verbal assurance from a site representative.

Scope and authority process

Physical survey, structural assessment, title searches beyond the agreed scope and litigation are separate assignments.

The written engagement identifies the location, authority, application stage and fees. Government charges and third-party costs are addressed separately; authority approval is not guaranteed.

The handover separates findings, documents not supplied, proposed contractual protections and issues referred for further investigation. Identify what needs resolution before signing and what requires follow-up during fit-out or occupation. Keep the final lease version linked to the review, since negotiated changes can affect conclusions drawn from an earlier draft.