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OFFICE LEASING

  • 06/03/2022
  • |   5268 Views

PREFACE

Office leasing plays an important role in the real estate market: it represents an important source of profitability and encourages the development of the urban business fabric.

Despite the spread of the virtual office in which the main services are not linked to the location of the work activity (remote secretarial services, management and forwarding of correspondence, call transfer, appointment management), professionals and companies still need a physical place to conduct their business.


THE EVOLUTION OF OFFICES

There is a wide range of offices on offer: traditional and modular; furnished and to be furnished; renovated offices or to be renovated; locations with meeting rooms and centralized secretariat. Large multinationals, embassies and institutions of institutional importance prefer prestigious offices located in representative buildings, high-rise buildings or business centers.

The spread of smart-working and remote working has simply changed the way of conceiving offices: if, on the one hand, companies have downsized to smaller locations to contain expenses, on the other hand, the demand for co-working offices has increased, spaces shared with other professionals in which work merges with human relations, creating real "workshops of ideas".

The office has evolved from a mere physical place to an element of an ecosystem: with this in mind, integrated offices are spreading, working spaces located in buildings and business centers equipped with nurseries, gym, wellness center, restaurant, places dedicated to leisure and public relations such as rooftops and winter gardens, relaxation areas.

Many hotels, airports, railway stations already offer business lounge services, not to mention the commercial premises (cafes, restaurants, self-service laundries) that are equipped with a powerful wi-fi network to allow the customer to be always connected and work anywhere.


CADASTRAL CLASSIFICATION

The offices are classified in the cadastral category A/10. Group A includes buildings for residential use; offices have a residential destination but not residential.

In terms of cadastral updating, the municipality must ascertain the existence of factual situations no longer consistent with the cadastral classifications "for intervening changes in construction". In this case it will be the owner of the property to submit the acts of updating.

According to the tenor of the regulatory wording (art. 1, paragraph 336, Law 311/2004), consistency between the actual use of the property and its classification (among which is also the assignment of the cadastral category) would seem to be relevant only in the event of "intervening building alterations", thus placing the burden of submitting the cadastral report on the owner, and certainly not on the tenant.


DESTINATION OF USE

The use of a property refers to the urban destination resulting from the authorization (resulting from the combined provisions of articles 3 and 23 ter of the Consolidated Law on Construction - TUE as per Presidential Decree 380/2001); it represents the form of use of the property unit regardless of the execution of building works.

The main destinations of use are:

. residential-habitable;

. residential (not residential):

a) tourist-receptive;

b) offices;

. productive and directional;

. commercial;

. rural.

When the same property is susceptible to different uses, the intended use is the one prevailing in terms of usable area.

The intended use of the property is derived from the following documentation (art. 9 bis, paragraph 1 bis, TUE):

. legal status of the property;

. building permit/permit for amnesty;

. act of condonation;

 . CILA (Certification of commencement of works);

. CILA in substitution of the building permit;

. SCIA (Certified Declaration of Start of Activity).

For properties built at a time when the law did not provide for the mandatory nature of a building permit, the legitimate status can be proved by the first cadastral information, or by other probative documents, such as :

. photographic footage ;

. cartographic extracts;

. documents kept in the archives, or other public or private act, whose provenance can be demonstrated;

. the permit that governed the last building intervention involving the whole building or real estate unit.

The above-mentioned documents must be integrated with any subsequent titles that have authorized partial interventions.


REGULATION OF OFFICE LEASES

Leases for uses other than residential use, including office leases, are regulated by articles 27 et seq. of the Law on Fair Rent (392/1978). Let's take a look at the regulations governing the most important elements in office leases.


Minimum term

In the letting and subletting of urban properties, similarly to contracts relating to premises used for commercial activities, sports facilities and tourism promotion activities, the minimum duration of the lease of properties used for the habitual and professional exercise of any self-employed activity is six years.

By express legal provision, and unless the activity carried out is not in itself of a transitory nature, the minimum term is mandatory: should the parties agree on a shorter term, or omit to indicate a precise expiry date, the minimum term is brought back ex lege to the period envisaged on the basis of the activity carried out.

Unless terminated, the contract is tacitly renewed every 6 years.


Withdrawal of the tenant

The tenant may, if expressly provided for in the contract, withdraw at any time, subject to notice to be given at least six months before the date on which the withdrawal takes effect.


Refusal to renew

The refusal to renew may be exercised by the lessor only on the first expiry date. The refusal is allowed only and exclusively in the cases provided for by art. 29 of the law on fair rent, according to which the lessor must:

1. use the property as his own residence or that of his spouse or relatives within the second degree in a straight line;

2. use the property for the exercise, on his/her own behalf or on behalf of his/her spouse or relatives within the second degree in a straight line, of one of the activities indicated in article 27 or, in the case of public administrations, public bodies or public law bodies, for the exercise of activities aimed at the achievement of their institutional aims;

3. proceed with the demolition, restructuring or restoration of the property, including on the basis of a multi-year municipal implementation program. Should the landlord have regained the availability of the property for the above reasons without having done so within 6 months, he is obliged to reinstate the contract if the tenant so requests.

They are saved:

. the rights acquired by third parties in good faith;

. the rights of the tenant:

1. to reimbursement of moving expenses and other charges incurred;

2. to compensation for damages in an amount not exceeding forty-eight months' rent received prior to termination of the contract;

3. to the indemnity for loss of goodwill referred to in Article 34.


Indemnity for loss of goodwill

The tenant of an urban property is entitled to the indemnity for loss of goodwill under the following conditions:

. the object of the lease is a property used for industrial, commercial, artisan and hotel purposes or for the habitual and professional exercise of any self-employment activity;

. the termination of the lease relationship is not due to:

1. termination for default;

2. withdrawal of the tenant;

3. institution of insolvency proceedings under r.d. 267/1942 (e.g. bankruptcy).

The indemnity is equal to 18 months of the last rent paid. The tenant is entitled to a further indemnity of an amount equal to the previous one if the property is used by anyone for the exercise of the same identical activity or activities included in the same commodity table similar to that already exercised by the outgoing tenant provided that the new exercise is started within one year from the cessation of the previous one.

Execution of the measure for the release of the property is subject to payment of the indemnity.


Commercial pre-emption

Urban real estate leased for office use for the exercise of professional activity does not enjoy urban preemption.


CONCLUSIONS

Studio Molinaro has several prestigious offices for rent in the historical center of Rome. The context is very wide: it ranges from the traditional office to the rental of an entire building or business center, depending on the needs of the tenant.

Are you looking for offices for rent in Rome? Or have you already found what you are looking for but need advice before signing the lease?

Contact us, we will be happy to help you.

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