- Cannies Seddon
- Cannies Seddon
- March 28, 2012
Hello,
In a 2 story building mixed use that was built in 2006, where the tenants upstairs are - a big dental office, an accounting office, and downstairs, a medical office, a Tully's coffee shop and a Restaurant(my Space). It is safe to say more than 50% of the Rentable are considered Office Space in the building.
In my lease, Calculations of Rentable area was based on Boma Standard Methods measuring Floor Area in the Building and all other Building common areas not located on my floor. It also stated that Rentable Space is measured from the outside of all exterior walls or perimeter walls.
So my question is:
Can the Building Owner use the store area calculation to measure my Restaurant space for Rentable Area which is measured from the outside exterior walls or should he used the Boma Office standard which is measured from the inside glass line to inside surface walls instead since most Rentable in the building are Office Space? Assuming it was based on 1996 Boma since building was built in 2006?
Thank you in advance.
Cannies Seddon
- Adam Fingret
- Extreme Measures Inc.
- March 29, 2012
Hi Cannies,
Assuming BOMA 1996, the landlord should only calculate store area to the outside exterior wall in the case of "street frontage". Street frontage is not particularly well defined by the Standard itself, but is generally understood to mean a building face that has direct exposure to street/pedestrian traffic.
- Cannies Seddon
- Cannies Seddon
- March 29, 2012
Adam,
Thank you for your prompt reply.
In my situation, the dominant exterior wall are more than 70% glass windows. The bricks though are the exterior wall. So do I use the bricks are the exterior dominant surface or the glass as the exterior dominant surface to measure store area?
Thank you again.
Cannies
- Adam Fingret
- Extreme Measures Inc.
- March 29, 2012
Cannies,
If your store has street level frontage, the dominant portion is the "building line" which generally means the outside surface of exterior building walls and columns. Building line is not explicitly defined by the standard, but it is referenced and illustrated many times throughout.
With respect to store area with street frontage, measuring to the building line is illustrated clearly on page 20 of the standard.