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Commercial Property Licence Agreement for India

Commercial Property Licence Agreement Template for India

A comprehensive legal document governed by Indian law that establishes the terms and conditions under which a property owner (licensor) grants permission to another party (licensee) to use a commercial property for a specified period and purpose. The agreement details the rights, obligations, and limitations of both parties, including financial terms, permitted use, maintenance responsibilities, and termination conditions, while ensuring compliance with Indian property laws, local regulations, and relevant state-specific requirements. It provides a flexible alternative to a lease arrangement, offering shorter commitment periods and typically fewer statutory protections than a formal lease.

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What is a Commercial Property Licence Agreement?

The Commercial Property Licence Agreement serves as a crucial legal instrument in the Indian real estate market, particularly suitable for businesses seeking flexible commercial space arrangements without the long-term commitments associated with traditional leases. This document is commonly used for temporary office spaces, retail outlets, kiosks, pop-up stores, and other commercial establishments where the occupier needs a defined space for a specific period. The agreement encompasses essential elements such as duration, licence fees, permitted use, maintenance obligations, and termination rights, all while adhering to Indian property laws and regulations. It offers a more flexible alternative to traditional lease agreements, making it particularly attractive for businesses requiring shorter occupation periods or those testing new markets. The document must comply with the Transfer of Property Act, 1882, the Indian Contract Act, 1872, and relevant state-specific property regulations.

What sections should be included in a Commercial Property Licence Agreement?

1. Parties: Details of the Licensor and Licensee, including registered addresses and company registration numbers

2. Background: Context of the agreement and brief description of the property and intended use

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Licence: Specific terms of the licence grant, including purpose and scope

5. Duration: Term of the licence, including commencement date and duration

6. Licence Fee: Amount, payment terms, and review mechanisms for the licence fee

7. Security Deposit: Details of security deposit amount, terms of holding and return

8. Permitted Use: Specified purposes for which the property may be used

9. Licensee's Obligations: Core responsibilities of the licensee including maintenance, utilities, and conduct

10. Licensor's Obligations: Core responsibilities of the licensor including access and essential services

11. Insurance: Required insurance coverage and responsibilities

12. Utilities and Outgoings: Responsibility for utilities, taxes, and other operational costs

13. Termination: Grounds and procedure for termination of the licence

14. Exit Provisions: Procedure for vacating the property and final settlement

15. Notices: Process and addresses for serving formal notices

16. Governing Law: Specification of Indian law as governing law and jurisdiction

What sections are optional to include in a Commercial Property Licence Agreement?

1. Fit-out Works: Used when the licensee is permitted to carry out modifications or improvements

2. Common Areas: Include when the property is part of a larger complex with shared facilities

3. Service Charges: Required when additional services are provided by the licensor

4. Signage Rights: Include when specific provisions for external or internal signage are needed

5. Car Parking: Used when parking spaces are included in the licence

6. Operating Hours: Include for properties in commercial complexes with restricted hours

7. Environmental Provisions: Required for properties where environmental compliance is crucial

8. Sublicensing Rights: Include if sublicensing is to be permitted under specific conditions

9. Force Majeure: Optional clause for handling unforeseen circumstances

10. Break Clause: Include when early termination options are to be provided

What schedules should be included in a Commercial Property Licence Agreement?

1. Property Description: Detailed description of the licensed property including floor plans and measurements

2. Inventory: List of fixtures, fittings, and equipment included in the licence

3. Licence Fee Structure: Detailed breakdown of fees, payment schedules, and review mechanisms

4. House Rules: Building regulations and operational guidelines

5. Service Level Agreement: Details of services provided by the licensor, if any

6. Fit-out Guidelines: Technical specifications and requirements for any permitted modifications

7. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

8. Handover Protocol: Procedures and checklist for property handover at start and end of licence

9. Maintenance Schedule: Schedule of regular maintenance responsibilities

10. Utilities Matrix: Breakdown of utility responsibilities and payment obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions






























Clauses




































Relevant Industries

Real Estate

Retail

Hospitality

Information Technology

Professional Services

Banking and Financial Services

Healthcare

Education

Manufacturing

Logistics

Co-working Spaces

Entertainment

Food and Beverage

Relevant Teams

Legal

Operations

Facilities Management

Finance

Real Estate

Procurement

Risk and Compliance

Administration

Property Management

Business Development

Relevant Roles

Property Manager

Facilities Manager

Real Estate Director

Commercial Property Lawyer

Legal Counsel

Operations Manager

Chief Financial Officer

Business Development Manager

Store Manager

Regional Manager

Procurement Manager

Risk Manager

Compliance Officer

Asset Manager

Property Administrator

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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