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ARTICLE · 02 SEPTEMBER 2014

Exploring standard lease terminology: What is base building condition?

Base building condition is the term used to describe the standard to which the tenant must make good the lease premises.

AustraliaReal Estate and Construction
Focus: The scope of 'base building condition' in a lease from a legal and industry perspective
Services: Property & Projects
Industry Focus: Property

In recent times, the trend for landlords and tenants in negotiating commercial and retail lease arrangements has been to move towards a lease document which contains relatively plain language and is easy to understand. There has been a move away from verbose paragraph-long sentences with various sub-conditions and exceptions, towards the use of short sharp statements and a simpler structure. Much of the detail is fleshed out in the definition section of the agreement.

There is also a trend away from landlords producing a document which is heavily weighted in their own favour, to a starting document which forms a reasonable base upon which to give effect to the parties' commercial agreement. This more commercial approach means that there are a number of key terms and phrases which are

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