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Definition of commercial premises
Commercial premises are premises used for a professional activity or an ideal purpose with an integrated commercial activity.
Examples:
- Sales outlet
- Handicraft premises
- Factory
- Office
- Storage area
- Medical practice
- Church
- Association with integrated commercial activity
- School
- Day nursery
The following are not considered as commercial premises:
- Premises intended solely for hobby purposes (stables, garden sheds)
- Non-agricultural and agricultural leases
Businesses allowed in the industrial zones of Geneva
The company wishing to rent a space in the industrial zone must have an industrial or similar activity.
For example,
- a carpenter's workshop
- Carpentry
- Bodywork
- Production plant
- Watchmaking
- Distribution
- Warehouse space
- Construction companies
Companies selling to the general public (shops), companies with an administrative activity, a private individual who would like to carry out a hobby are not eligible.
A company admitted to the industrial zone can even install an administrative or non-industrial activity necessary for its main activity. In the industrial development zone, this non-industrial area must not exceed 50% of the gross floor area occupied by the said company in the development zones of the canton of Geneva.
- The content of the commercial lease
- Designation as a commercial lease
- Building: address
- Lessor
- Representative: e.g. management company
- Tenant
- Purpose of the lease
- Purpose of the premises: the tenant cannot change the purpose of the lease without the prior consent of the landlord
- Duration of the lease: an indexed lease must be concluded for at least 5 years, a lease with staggered rents must last at least 3 years, the duration can be determined or indefinite
- Start of the lease
- End of the lease
- Renewal and termination: notice of termination is at least 6 months
- Rent: fixed, turnover-related, staggered or indexed
- Heating and ancillary costs: flat rate, provisions, included in the rent
- Rent guarantee: the amount of the guarantee is not limited
Right of retention: in the event of non-payment of the rent, the landlord can exercise the right of retention on the tenant's furniture, objects and goods - Transfer of the lease
- Jurisdiction
- Signature: The lease must be signed by the authorised person(s) entered in the commercial register, e.g. director or authorised representative
- Appendix: General conditions for commercial premises applied in the canton of Geneva
Specific clauses
Each lease is different and must be negotiated individually. In each case, several points must be regulated in the special conditions.
© Written by Esther Lauber, Real Estate Trustee with Advanced Federal Diploma of Professional Education and Training, real estate manager
Mostly translated from French to English with DeepL
