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Occupant Controlled Basement Access Stairs... MVP or Occupant Void ?

Dan Nawrocki
Urban Keios Design Inc
August 25, 2014

Good morning,

We have a single story retail building that is sub-divided into two independent retail occupant areas, complete with separate off street entrances for both and no shared interior common area or circulation.

They each share a portion of a small basment space bellow, and have their own independant access stairs to their portion of the allocated basement space, which are completely occupant controlled, and their independent stairs provide the only means of access or egress from the basement.

Just wondering if these should still be classified as MVP's and ommitted from the GLA as they are not by definition "common areas" for all tennants, but instead, occupant controlled access to occupant controlled space.

Would this be similar to the way a multi-level department store or box store would be measured if independent from a shopping centre in which everything is self contained inside that "box" of GLA ?

Thanks for any time and clarification you can provide on this.

All the best,
-Dan

David Fingret
Extreme Measures Inc.
August 26, 2014

Hi Dan,

The definition of common area would require the stairs to be used by multiple occupants or their invitees which is not the case here. The stairs cannot be non-leasable either since stairs are not included in that definition. Since the stairs are each exclusively used by the occupants for the occupant's benefit, I believe it is reasonable that the stairs be considered part of the occupant area (occupant void). However, you will only be including the area of the opening for the stairs on the top level.

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