Manage the change of activity during the lease

Your business has grown and you intend to take the next step by offering new services.

Or on the contrary, your business is not meeting the expected success, you want to modify it to attract a new clientele and/or face the competition.
Can you carry out a new activity in the rented premises?

If you wish to carry out an activity not provided for in the destination clause of the lease, you must first obtain the agreement of the lessor. In the event of refusal, the Law allows you to override it by initiating a despecialization procedure.

The advisability of such a procedure must be seriously considered. In particular, it could lead to an upward fixing of the rent during the revision or renewal.

It is only in the event that you have an “all shops” lease that your lessor cannot oppose the exercise of a new activity. However, it must respect public order, good morals and the purpose of the building (co-ownership regulations), which must be checked beforehand.

Partial despecialization of your commercial lease

1. If your project consists of adding an activity related or complementary to that provided for in the destination clause of the lease, you can request a partial despecialization.

The new activity must have a close link with the original activity without replacing it.
It is necessary to notify your project to the donor. In the absence of a reaction within two months, it will be deemed to have accepted it.

Plenary despecialization of your commercial lease

2. If your project involves a total change of activity or the addition of an activity unrelated to that provided for in the destination clause of the lease, you can request a full de-specialization.

The aim is to demonstrate that:
i) the economic situation and the needs of the organization (insufficient profitability) justify it,
ii) the new activity is compatible with the destination of the building (co-ownership regulations).

The project must be notified to the lessor and creditors benefiting from a guarantee on the fund. In the absence of a response within three months, the lessor will be deemed to have accepted it.

The lessor may condition his agreement, in particular to an immediate increase in the rent or the payment of compensation to compensate for any damage suffered.

In both cases, in the event of a dispute from the lessor, you can ask the judge to rule on your request for despecialization.

Our lawyers master the various despecialization procedures.

These are not put in place without a prior and thorough review of the chances of success.

Gouache Avocats also has a perfect knowledge of the effects of these procedures on the price of rent during the lease or at its end.
In full knowledge of the factsGouache Avocats supports you in your discussions with your landlord. We are trained in reasoned negotiation.

We have defined a methodology to deal with despecialization procedures in a controlled timeframe.