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ONLINE LEGAL DOCUMENTS

Yes. Before signing a commercial lease, the tenant should verify that the activities he wishes to carry out on the premises are permitted by zoning regulations and other applicable municipal rules.

The fact that a space is located in a commercial building does not necessarily mean that all commercial activities can be carried out there. Permitted uses may vary depending on the municipality, the zone where the building is located, and the nature of the intended activities.

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The tenant should, in particular, check:

  • If the planned commercial activity is permitted in the area where the building is located;
  • If a permit or occupancy certificate is required to operate the business;
  • If specific restrictions apply to the use of the premises, particularly regarding signage, operating hours or activities carried out;
  • If development work or modifications to the premises require municipal permits;
  • If the characteristics of the building allow it to meet the requirements applicable to the planned activity.

The commercial lease should specify the intended use of the premises as well as the respective obligations of the landlord and tenant regarding permits, authorizations and regulatory compliance.

It may also include a condition allowing the tenant not to be bound by the lease or to terminate it, according to the agreed terms, if the necessary permits for the operation of his business cannot be obtained.

When the planned activity is not permitted by applicable regulations, the consequences depend in particular on the circumstances, the commitments made by the parties, and the provisions of the lease. The tenant cannot therefore assume that they will be able to automatically terminate the lease without consequence.

It is therefore important to check the zoning and the necessary permits before entering into a commercial lease in order to reduce the risks of having to modify your project, incur additional expenses or give up operating your business on the premises.

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