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As a commercial tenant in the UK, your lease agreement might include rules relating to building signage and advertisements. It goes without saying that signage for businesses is usually vital to help others identify your business and to help with advertising and brand awareness. However, you should be aware of your rights and the rules regarding notices and advertising. This article will explain what you need to know about notices and advertising in commercial leases.
Commercial Leases
A commercial lease is where you, as a business owner, occupy a property or part of it as your business premises. You do so for a specific timeframe, known as the lease term, and pay rent in return. Your commercial lease agreement will detail the rules for your commercial lease and may detail those about signage and advertising. Restrictions may also apply which are not contained in your commercial lease.
Lease Requirements
You must check your commercial lease for any rules on signage and advertising. For example, your lease might state that you may need consent from your landlord before putting signs on display.
You should note that signage clauses do not usually deal with putting signs in communal areas. Your lease may detail this elsewhere, and your landlord may stipulate rules for these. If your lease does not have a signage clause, it is worth checking if signage falls under the alterations clause.
If your commercial lease does not say anything about signage, you can put signs and adverts on your business premises. However, you must ensure that you:
- keep to your commercial premises boundaries;
- do not damage the property; and
- do not make a permanent alteration to the building.
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Planning Permission
Regardless of whether or not your lease agreement details rules on signs and adverts, you may need planning permission for your signage or advert from your local authority.
Deemed Consent
Some signs and advertising do not need consent from local authority planning. These are those that have ‘deemed consent’. Deemed consent means that your advert falls into one of 16 classes of signage that already have planning approval. Despite not needing to gain planning approval, you must ensure that you follow the rules associated with the class, including rules regarding the size of the sign.
Four deemed consent classes that are particularly relevant to leases are as follows:
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Class 4 concerning illuminated adverts on the business premises |
Rules relating to this class include that the sign must not contain intermittent lighting. |
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Class 5 concerning advertisements on the business premises |
You should note that this class of signage only allows advertisements for what your business at the premises does or your name or company name in charge of it. |
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Class 6 concerning an advertisement on a forecourt of business premises |
These types of adverts are permitted in this class. A point to note though is this class does not include an advert which is on the pavement in front of your commercial premises. |
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Class 12 regarding advertising in a building |
An advert in this class has to be at least a metre away from any exterior opening, such as a window. |
There are exceptions to adverts and signs which fall into one of the deemed consent classes. This is where the area of the commercial property is an Area of Special Control of Advertisement due to either of the following:
- historical property features;
- scenic reasons; or
- architectural property features.
Key Takeaways
As a commercial tenant, you must understand any rules regarding signage and advertising in and around your commercial premises. You can typically find details in a signage or alterations clause. If your lease is silent on this, you can put up signs and adverts but must ensure that in doing so, you do not break other lease rules.
You may also require planning permission for signage and advertising, so you should check with your local authority.
If you need help understanding signage and advertising your commercial lease in the UK, our experienced leasing lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
A commercial lease is where a landlord allows a business owner to occupy their commercial property in return for rent.
A signage clause details any rules regarding any signs and advertising on or around the commercial premises.
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