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Licence To Occupy After Completion
"I need a Licence To Occupy After Completion for a new retail development in Brisbane, where the tenant needs to start fitting out their store from March 2025 while final building certification is pending, with special conditions for after-hours access and loading dock usage."
1. Parties: Identification of the licensor (property owner/developer) and licensee (occupier)
2. Background: Context of the agreement, including reference to the completed development/construction
3. Definitions: Key terms used throughout the agreement including 'Completion', 'Occupation Date', 'Premises'
4. Grant of Licence: Terms of the licence grant, including purpose and scope of permitted occupation
5. Term and Commencement: Duration of licence and conditions for commencement based on completion
6. Completion Requirements: Specifications of what constitutes completion and required certificates
7. Occupation Conditions: Rules and conditions for occupation, including permitted uses and restrictions
8. Fees and Costs: Licence fees, outgoings, and other financial obligations
9. Insurance and Liability: Insurance requirements and allocation of liability between parties
10. Maintenance and Repairs: Responsibilities for maintaining the premises during occupation
11. Termination: Circumstances and process for ending the licence
12. Dispute Resolution: Process for resolving disputes between parties
13. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Fit-out Works: Include when licensee is permitted to conduct fit-out works before or during occupation
2. Security Deposit: Include when a security deposit or bank guarantee is required
3. Services and Utilities: Include for properties where specific arrangements for services need to be detailed
4. Environmental Obligations: Include for properties with specific environmental requirements or certifications
5. Assignment and Sublicensing: Include when transfer of rights needs to be addressed
6. Access and Security: Include for properties with specific access control or security requirements
7. Operating Hours: Include for commercial premises with restricted operating hours
8. Special Conditions: Include when property has unique features or requirements needing specific attention
1. Schedule 1 - Property Details: Detailed description of premises including plans and specifications
2. Schedule 2 - Completion Requirements: Detailed list of completion requirements and certificates needed
3. Schedule 3 - Fee Schedule: Breakdown of all fees, charges, and payment terms
4. Schedule 4 - Insurance Requirements: Specific insurance requirements and minimum coverage levels
5. Schedule 5 - Condition Report: Detailed report on condition of premises at commencement
6. Appendix A - Required Certificates: Copies of completion certificates and permits
7. Appendix B - Plans and Drawings: Relevant floor plans and technical drawings of the premises
8. Appendix C - House Rules: If applicable, building rules and regulations
Authors
Licensee
Premises
Completion
Practical Completion
Occupation Date
Commencement Date
Expiry Date
Term
Occupation Fee
Permitted Use
Business Day
Occupation Certificate
Completion Certificate
Building Works
Services
Common Areas
Outgoings
Security Deposit
Insurance Requirements
Force Majeure
Occupation Hours
Development
Government Agency
Occupation Rights
Occupational Health and Safety Requirements
Representative
Related Entity
Working Hours
Building Manager
Certificates of Compliance
Default Event
Emergency
GST
Improvements
Law
Notice
Operating Expenses
Plans and Specifications
Professional Fees
Relevant Authority
Required Insurances
Schedule of Condition
Security Requirements
Utilities
Definitions
Grant of Licence
Term
Completion Requirements
Occupation Rights
Permitted Use
Fees and Payment
Outgoings
Security Deposit
Insurance
Liability and Indemnity
Access and Security
Maintenance and Repairs
Services and Utilities
Health and Safety
Environmental Compliance
Assignment and Sublicensing
Alterations and Improvements
Confidentiality
Force Majeure
Default and Termination
Dispute Resolution
Notices
GST
Governing Law
Entire Agreement
Severability
Variation
Waiver
Costs
Further Assurance
Time of Essence
Survival
Real Estate
Property Development
Commercial Property
Residential Property
Retail
Construction
Office Space
Industrial Property
Mixed-Use Development
Legal
Property Management
Development
Operations
Facilities
Compliance
Asset Management
Project Management
Real Estate
Contract Administration
Property Development Manager
Legal Counsel
Property Manager
Construction Manager
Project Director
Leasing Manager
Facilities Manager
Real Estate Manager
Compliance Officer
Development Director
Asset Manager
Operations Manager
Contract Administrator
Property Lawyer
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