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Shophouse Basics

Leasing a Shophouse: The Twelve Terms Every Lease Settles

Size, rent, term, rent-free, deposit, stamp duty and the rest. The twelve terms of a commercial lease in Singapore, how lease stamp duty works, and what to read in the agreement.

The twelve terms

  1. Size: net lettable, or approximate built-up.
  2. Rent: is there a service charge, or turnover rent? Plus GST if the landlord is registered.
  3. Lease term, and any option to renew.
  4. Commencement date.
  5. Rent-free period for fitting out.
  6. Security deposit and advance rent.
  7. Stamp duty: usually the tenant's.
  8. Utilities: own account, sub-meter, or included.
  9. Provisions: what fittings come with the unit.
  10. Maintenance: who keeps what in repair.
  11. Other fees: legal and administrative.
  12. Permitted use and reinstatement: what it may be used for, and how it is handed back.

Lease stamp duty

Stamp duty is 0.4% of the total rent for a lease of up to four years. Service charge counts; GST does not. On S$10,440 a month for three years: 0.4% × S$10,440 × 36 = S$1,503. The lease must be stamped within 14 days of signing.

0.4%of the total rent, for a lease of up to 4 years
14 daysto stamp the lease after signing
9%GST on rent, only if the landlord is registered

Source: IRAS, stamp duty on leases.

In the agreement, read

PartLook for
Permitted useIt must match the approved use; the tenant gets licences at its own cost
Fitting outThe rent-free period; the landlord's approval of works
RepairsTenant: interior and air-conditioning. Landlord: structure and roof
Early exitUsually none: the whole term's rent is owed
RenewalThe notice needed; "prevailing market rent" or a formula
ReinstatementBack to bare, or as taken over

On a large or unusual lease, have a lawyer read it.

Sources

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