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ARTICLE · 04 OCTOBER 2018

Landlords beware: Approved uses under a lease

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Landlords must beware that the permitted use under a lease is consistent with the use under the development approval.

AustraliaReal Estate and Construction
Amelia Prokuda
Amelia Prokuda
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In recent times, we have seen an increasing number of cases where the permitted use under a lease is inconsistent with the use approved under a development approval. The situation can create significant risk for landlords.

Often, a development approval will permit the use of retail premises for the purposes of "Showroom". However, the permitted use under a lease will often fall within the definition of "Shop", which is usually a different defined use in the planning scheme and one which is assessable development for which there is no approval.

As an example, under the current version of the Brisbane City Plan 2014 (City Plan), "Showroom" is defined to mean:

"...the use of premises for the sale of goods that are of -

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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