Agreements for lease with development obligations—miscellaneous provisions
Agreements for lease with development obligations—miscellaneous provisions

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Agreements for lease with development obligations—miscellaneous provisions
  • As-built drawings, health and safety file, etc
  • Signage
  • Confidentiality
  • Non-merger

As-built drawings, health and safety file, etc

In the context of a lease of an entire building, the tenant is likely to have both contractual and statutory liability for its state and condition of it throughout the term. To discharge its duties correctly, the tenant requires possession of:

  1. the as-built drawings (which show how the building was actually constructed), as opposed merely to the drawings which were attached to the agreement for lease (which show how it was anticipated that the building would be constructed)

  2. the health and safety file

  3. operating manuals for the lifts, air conditioning equipment and other plant and machinery within the building, and

  4. any other technical or operational documents

The tenant should ensure that the agreement for lease obliges the landlord to deliver these.

This will also be true in the context of a lease of part of a building if the tenant has responsibility for plant and machinery etc within its demise.

Ideally, delivery should be on completion. According to its negotiating strength, the tenant may be able to postpone compl

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