Describe what you will do in the space in more detail than the type of business
Before asking a lawyer to review a lease, send both the draft contract and a description of how you will actually use the space, because words such as “office,” “shop,” or “warehouse” may be too broad to reveal the restrictions. Try to specify what staff, customers, deliveries, machinery, odors, noise, or storage of goods will be involved, and in what way.
As a hypothetical example, someone rents space to open a shop but also plans to run a kitchen and to receive and send out goods in the evening. If they describe it only as a “shop,” issues such as the ventilation system, access hours, and use of common areas may not yet come up for discussion. This article is a checklist for preparing information; it is not a determination of whether any particular space can be used for that business.
Identify the extent of the space and your rights to use associated areas
Attach a plan or pictures marking the leased area, entrances, delivery points, parking, signage areas, and shared areas, together with a list of what the landlord has said you will be allowed to use. Do not build into your business plan any right to use neighboring areas based only on what you have been told, without first checking the documents and who has the authority to grant that right.
Set out your needs regarding business hours, access outside those hours, and bringing in contractors or other outside parties, as well as any restrictions you have received from the building, and have the lawyer check whether the draft contract and its attachments are consistent with each other. If anything is still unclear, list it as a separate question before you make a decision.
Separate consent under the contract from the requirements of the authorities
The landlord’s consent to a particular activity does not answer every question about the building and licenses. Information on building control law published by the Bangkok Metropolitan Administration sets out requirements concerning controlled-use buildings and changes of use in certain cases, so you should also check your intended use with those responsible for the building and with the relevant authorities.
Do not assume that every business needs the same kind of license, or that once you have a lease you can open for business right away. Tell your lawyer what permits you already have, who holds them, and which matters are still under review, so the lawyer can assess the conditions that apply before you start using the space and the consequences if you cannot proceed as planned.
Describe the fit-out and installation work you plan to do
Send a list of the work you want done, such as partitioning rooms, installing air conditioning, running pipes, adding equipment, or changing signs, together with the locations and the people responsible, as far as you know them. Have the lawyer check whose consent is needed, what the design approval process is, and which party is responsible for the costs of the work or any damage it causes.
Ask who will own installed equipment when the contract ends, which parts can be removed, and which parts must be restored to their original condition. Do not wait until you have already invested in the fit-out before checking the extent of your rights, because the costs you actually pay and what the draft contract allows you to do may differ.
Separate the handover date, the date payments start, and the date you are ready to open
Set out clearly the sequence of dates you need, including the handover date, the date fit-out starts, the date rent or service charges begin, and the date you intend to open for business. If there is a period when the building still has work to finish, specify what must be completed and the impact you expect, so the lawyer can check the terms against the facts.
Besides the rent, gather the items mentioned in the draft, such as the security deposit, common area fees, water and electricity charges, and costs related to the fit-out, together with the calculation methods you have been given. Do not decide for yourself which items must be refunded or how much can be deducted; check the wording, the conditions, and the law that applies to that contract.
Think about the day you will have to leave before you move in
Tell the lawyer about any possible plans to expand the business, change who runs it, or relocate, so the lawyer can consider the issues of renewal, allowing others to use the space, termination, and returning the space, to the extent you need. The duration and form of the contract may raise registration issues or other requirements that need to be checked case by case.
Prepare a set of information covering your actual activities, the floor plan, the list of fit-out work, the timeline, and every draft you have received, and then send any questions that remain unclear to B Law Firm under the contract review service the firm has published. A review based on your actual plans for the space helps reveal more of the terms that affect your business than reading the rent amount alone.
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