Bare Licence To Occupy Template for Australia

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Key Requirements PROMPT example:

Bare Licence To Occupy

"I need a Bare Licence to Occupy for a pop-up retail space in a shopping center in Melbourne, starting March 2025 for 3 months, with specific provisions for after-hours access and shared use of storage facilities."

Document background
The Bare Licence To Occupy is an essential document in Australian property practice, designed for situations where temporary or flexible occupation rights are required without establishing a formal leasehold interest. It is particularly valuable for short-term arrangements, pop-up venues, shared spaces, or temporary commercial uses. The document typically includes specific terms regarding occupation rights, fee structures, maintenance responsibilities, and termination provisions, all while ensuring compliance with Australian federal and state property laws. This type of agreement is distinct from a lease and is often preferred for its simplicity and flexibility, especially in scenarios where the property owner needs to maintain significant control over the property or where the occupation is intended to be temporary or non-exclusive.
Suggested Sections

1. Parties: Identifies and provides full details of the Licensor and Licensee

2. Background: Sets out the context of the agreement and confirms the intention to create a bare licence only

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Licence: Explicitly states the grant of licence and its non-exclusive, temporary nature

5. Term: Specifies the duration of the licence and any notice periods for termination

6. Permitted Use: Clearly defines how the Licensee may use the space

7. Licence Fee: Details the fee payable and payment terms

8. Licensee Obligations: Lists the Licensee's responsibilities while using the space

9. Licensor Obligations: Outlines the Licensor's basic responsibilities

10. Insurance: Specifies required insurance coverage

11. Termination: Sets out circumstances for termination and the process

12. Notices: Specifies how formal communications between parties should be made

13. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Utilities and Services: Used when the licence includes provision of utilities or services

2. Fit-out Works: Required when the Licensee needs to undertake any modifications to the space

3. Security Deposit: Include when a security deposit is required

4. Shared Facilities: Needed when the licence includes use of common areas or shared facilities

5. Operating Hours: Include when access is restricted to specific times

6. Car Parking: Required when parking rights are included

7. Building Rules: Include when there are specific building rules or policies to be followed

8. Environmental Obligations: Include for premises where environmental compliance is important

9. COVID-19 or Health Safety Measures: Include when specific health and safety protocols are required

Suggested Schedules

1. Schedule 1 - Premises Plan: Detailed plan showing the licensed area

2. Schedule 2 - Licence Fee Calculations: Breakdown of licence fee components and calculation method

3. Schedule 3 - Condition Report: Documents the condition of the premises at commencement

4. Schedule 4 - Building Rules: Detailed building rules and regulations

5. Schedule 5 - Special Conditions: Any special or unique conditions applicable to the licence

6. Schedule 6 - Services and Utilities: Details of provided services and utilities if applicable

7. Appendix A - Insurance Requirements: Detailed insurance requirements and specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Commercial Property

Retail

Education

Government

Healthcare

Hospitality

Coworking Spaces

Events and Entertainment

Industrial

Non-profit Organizations

Technology

Relevant Teams

Legal

Property Management

Facilities Management

Operations

Real Estate

Asset Management

Contract Administration

Corporate Services

Risk Management

Compliance

Relevant Roles

Property Manager

Facility Manager

Real Estate Agent

Property Lawyer

Commercial Manager

Operations Manager

Asset Manager

Building Manager

Leasing Manager

Contract Administrator

Legal Counsel

Space Planning Manager

Business Development Manager

Corporate Services Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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