Access rights for commercial premises

Commercial access rights need to support the business's actual movement of people, vehicles and goods. A right to enter the unit may be inadequate if deliveries, waste collection or emergency routes depend on land outside it. ^[1]

Trace every necessary route

Mark customer entry, staff access, loading, parking, bin storage and service connections on the plan. Check whether rights are exclusive, shared, time-limited or subject to estate regulations. Explain unusual vehicle sizes or out-of-hours requirements before the lease is settled.

Compare the plan with the site. Gates, bollards and security procedures may create practical constraints that a broad reference to 'access' does not reveal.

Review the landlord's retained rights

Ask when the landlord can enter, change common areas or carry out works nearby. Assess notice, emergency access, disruption and any obligation to make good damage. The business may need a communication procedure for sensitive areas or security-controlled operations.

Permitted use should fit the proposed traffic and opening hours. Site due diligence can test whether the rights match operations before commitment. Record agreed arrangements in the lease or appropriate document rather than relying on a security guard's current informal practice.

Map the movements that keep the business operating Trace customer arrival, staff access, goods deliveries, waste collection and maintenance visits separately. Each journey can require a different route or type of vehicle. Mark the relevant areas on the letting plan and identify land outside the premises that the business depends on. The RICS leasing code addresses rights needed for the intended use of premises. [1] Ask the solicitor to compare those needs with the proposed grant so a general right of entry does not conceal a missing loading, parking or service-access arrangement.

Test the route physically with the practical constraints in mind. A delivery bay may be too short for the usual vehicle, while a gate may open only during managed hours. Record heights, turning restrictions and security procedures for technical assessment where appropriate. Ask the landlord to explain how shared facilities are allocated when several occupiers need them at once. Current convenience during a quiet viewing is not evidence that the rights and arrangements will support the business's busiest periods or its required access outside ordinary office hours. ## Distinguish access from exclusive use of a space Identify whether a parking place, bin area or loading bay is included in the demise, granted as an exclusive right or available only on a shared basis. Those arrangements have different practical implications. Ask whether the landlord can reallocate spaces or change the route and what limitations apply. A numbered bay shown in marketing material may not appear in the legal grant. If a particular position is essential because of accessibility or equipment, explain that need before accepting wording that permits a materially different location later.

Read estate regulations with the lease and ask how they can be changed. A requirement to comply with reasonable management rules may affect deliveries, access passes or temporary closures. Establish the process for obtaining replacement keys, arranging contractor entry and resolving a security-system failure. These details should support the rights rather than undermine them through an informal practice. If the business handles sensitive goods or operates continuously, discuss a reliable access arrangement that does not depend solely on a particular guard recognising the staff who happen to be working that day. ## Check service routes and access for maintenance Locate the cables, pipes and equipment serving the premises and ask which rights allow installation, inspection and repair. The ability to occupy a unit does not necessarily answer how a telecoms provider can run a new connection through another part of the building. Explain any service upgrade needed before opening and identify whose agreement is required. A technical supplier can assess feasibility, while the solicitor considers rights and documentation. Coordinate both enquiries so a service promised commercially is not blocked by an unresolved route or consent issue.

Consider access needed to maintain the tenant's own equipment. An external condenser, roof installation or rear extraction system may require entry to landlord-controlled areas at intervals. Ask about notice, supervision, emergency arrangements and making good damage. If equipment cannot be maintained without shutting another occupier's operation, investigate that dependency before installation. The business should understand how routine servicing and urgent repair will work throughout the term, rather than focus only on getting the equipment into place during the initial fit-out when the building manager is especially accommodating. ## Assess the landlord's rights to enter and alter surroundings Read retained rights concerning entry, works and changes to common areas. Ask how notice, emergency access and disruption are addressed, particularly where the business has secure rooms, appointments or perishable stock. A landlord may need legitimate access to maintain the building, but the operational consequences should be understood. Identify who within the business can authorise or coordinate visits and how sensitive areas will be managed. The legal review should explain the actual terms instead of assuming either unrestricted landlord access or an absolute tenant right to exclude every visit.

If development or major works are contemplated nearby, ask what information is available about temporary routes, hoarding, noise and visibility. Consider how the lease addresses the relevant interference and whether a specific commercial protection is needed. Record agreed access arrangements in the appropriate document and retain the final plans. During occupation, preserve communications about material changes and their effect on trading. A clear record allows an adviser to compare the granted rights with what is happening on site, rather than assess a dispute from competing descriptions of what the business always expected.