Put the fit out terms in writing before works begin

A lease often sets the framework, but it may not record the detail of the actual works being carried out. The fit out agreement is where parties usually pin down what has been approved, what plans or specifications apply, who is responsible for damage, how access will work, what insurance position is expected and whether reinstatement will be required later. Without that extra document, important points can be left to assumption or email chains. That can create problems once contractors are on site or when the premises are handed back.

It will usually identify the approved works and attach or refer to drawings, specifications or schedules where relevant. It may also deal with contractor access, working hours, supervision, insurance, health and safety responsibilities, protection of common parts, cost allocation, damage, delays and reinstatement at the end of the term. In some matters, it also needs to line up with a licence for alterations, building rules or landlord consent conditions. One of the key drafting tasks is making sure those documents do not pull in different directions.

The drafting usually depends on the lease, the type of premises and the nature of the proposed works. A light internal refit may raise different issues from structural alterations, extraction systems, signage, specialist equipment or phased works before opening. We would usually need the lease, any consent correspondence, plans or specifications, and a practical summary of what is being done on site. If approval steps are relevant, we will explain what needs to be prepared and what sits outside the legal work. so if planning, listed building or building control issues are relevant, that can affect the wording and conditions used.

Often not. A generic form may not match the alteration controls in the lease, the landlord's consent conditions or the practical realities of the building. It may miss issues such as access through shared areas, restrictions on noisy works, protection of services, responsibility for contractor conduct or the standard of reinstatement expected at lease end. A more tailored document is usually worthwhile where the premises are central to trading, the works are substantial or the project involves several approvals and moving parts. That is where the detail tends to matter most.

Timing depends on how complete the project documents are and how involved the works will be. If the lease, plans, specifications and any landlord comments are already available, the work is usually more straightforward. It can take longer where the lease has detailed alteration restrictions, the works are changing, or several parties need to comment on the draft. A useful next step is to gather the signed lease, any licence or consent correspondence, drawings, specifications and your intended start date. That helps us assess likely turnaround and any obvious pressure points.

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