Most commercial property tenants don't realise until it's too late that their "$50,000 annual rent" can easily become $75,000 once outgoings hit. We've seen businesses forced to relocate, downsize, or even close because they didn't understand these additional costs in their commercial lease agreement.
This guide cuts through the legal jargon to explain commercial lease outgoings in plain English. You'll discover the hidden expenses landlords don't advertise, learn which charges are negotiable, and get practical strategies to avoid unexpected costs and protect your cash flow.
Whether you're signing your first lease agreement or renegotiating an existing one, understanding outgoings payable is the difference between sustainable financial planning and a nightmare. Based on Australian property law and real tenant experiences, we'll show you exactly what you should and shouldn't be paying for in your leased premises.
What Are Outgoings in a Commercial Lease?
Simply put, outgoings are the landlord's operating expenses that get passed on to you, the tenant. They're the expenses incurred in running the building, covering everything from council rates to cleaning costs, charged on top of your base rent.
Think of it this way: rent pays for your right to occupy the commercial space, while outgoings costs cover your share of keeping the building functional. The problem is that unlike rent (fixed in your lease), outgoings based on actual expenses can increase dramatically year-on-year without warning.
Understanding commercial outgoings means recognising they vary depending on property type. A tenant in retail premises within a shopping centre faces completely different outgoings payable than an office tenant in the same suburb. State laws, commercial or retail premises classifications, and individual lease terms all affect what you'll pay.
Many landlords deliberately keep estimated outgoings vague during negotiations, knowing tenants focus on headline rent. Don't fall for this trap. Carefully review all recoverable outgoings before signing.
Categories of Outgoings
Let's break down the specific responsibilities and what you're actually paying for:
Statutory Outgoings
Government charges like local council rates, water rates, and sometimes land tax. You'll typically pay your proportionate share based on floor area.
Operating Costs
The day-to-day maintenance includes cleaning, security, lift maintenance, air conditioning, pest control, and gardens. These operating expenses are generally legitimate, but watch for premium services you never asked for.
Insurance and Levies
Building insurance, public liability, perhaps plate glass coverage. Also includes strata levies and body corporate fees for strata-titled properties. Standard enough, but check if excessive premiums are being passed through.
Management & Administrative Costs
This is where things get dodgy. Property management fees typically run 4-12% of total outgoings, but some can be higher than 15%. The big difference between fair and excessive fees can cost thousands annually.
Lease Structure and How Outgoings Are Charged
Gross Lease: One payment covers everything including rent plus all outgoings. No surprise bills, no reconciliations. Perfect for predictable cash flow and financial planning.
Net Lease: Base rent plus outgoings payable separately. Most common lease structure, but requires careful budgeting since costs vary each financial year.
Semi Gross Lease: A hybrid where the tenant pays some certain outgoings (like utilities) while others are included in rent.
Base Year or Gross Lease Recovery: You only pay increases above a set "base year" estimated amount. Protects against massive jumps while sharing legitimate increases.
Retail Leases: Special rules apply under state retail leases acts, including statutory protections, disclosure statement requirements, and certain costs banned entirely.
Real-world example: Take two Sydney CBD offers for commercial property. One is a $100,000 gross lease and the other is a $75,000 net lease. That net lease looks cheaper until you add $35,000 in estimated outgoings. By year three, those unexpected costs could reach $45,000 while the gross lease stays predictable.
Commercial Property Hidden Costs
Let's expose the hidden commercial property outgoings that destroy budgets:
Capital Works Disguised as Maintenance: Landlords sneaking through major upgrades as "repairs." That's their investment, not your expense as recoverable outgoings.
Marketing Levies: Shopping centre tenants paying thousands for centre-wide campaigns. Check your lease agreement to limit these.
Reconciliation Ambushes: Written estimate shows $30,000 annual outgoings, actual outgoings statement demands $45,000, due in 30 days. Without proper audit requirements in your lease, you're stuck.
Legal Framework and Tenant Protections
Each state has different rules, but retail premises tenants get the best protection:
NSW: Retail leases allow land tax recovery but only on "single holding basis". Mandatory disclosure statement showing three years of actual outgoings required seven days before signing.
Victoria: Retail shops can't be charged land tax, Commercial and Industrial Property Tax, or capital costs. Period. Disclosure statement required 14 days before signing. Management fees must reflect actual third-party expenses incurred.
Queensland: Complete prohibition on land tax for retail tenants. Audited statement required annually within three months of financial year end.
For commercial lease (non-retail): More flexibility but tenant must carefully review what's explicitly recoverable. The golden rule: landlords can only recover what's in the lease terms.
How to Forecast and Manage Outgoings
Here's how to manage outgoings effectively:
Demand Historical Data: Not just estimates but actual outgoings statement data for 2-3 years showing all expenses incurred by property. This reveals patterns in outgoings based on real costs.
Get Everything Itemised: Every accounting period, you should receive detailed breakdowns of certain outgoings. Vague categories hide excessive charges.
Cap Everything Possible: Negotiate caps on recoverable outgoings increases using either fixed percentages or CPI-linked limits. Without caps on outgoings payable, you're exposed to unlimited increases that destroy cash flow predictability.
Secure Audit Rights: Include audit requirements allowing you to inspect invoices for all operating expenses. Some commercial lease agreement templates incredibly prevent questioning outgoings costs.
Benchmark Against Market: Commercial property outgoings can vary depending on location and building quality. Industry sources suggest CBD office outgoings range $100-200/m².
Direct Recovery Option: For larger tenancies, negotiate direct recovery where you pay suppliers directly for certain costs like utilities, giving you control over service levels and expenses.
Tenant's Outgoings Checklist
Outgoing Type
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Usually Charged?
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Your Action
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Council Rates
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Yes
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Verify proportionate share calculation.
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Land Tax
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Depends on state and whether commercial or retail premises
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Confirm your state’s rules and landlord obligations.
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Building Insurance
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Yes
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Check coverage levels and exclusions.
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Strata Levies
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Yes (for strata properties)
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Review what’s included in the levy.
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Body Corporate Fees
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Yes (where applicable)
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Check for duplication with strata levies.
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Capital Works
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Never for retail premises
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Explicitly exclude in lease terms.
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Management Fees
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Sometimes
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Negotiate a cap (typically 4–8% of outgoings).
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Maintenance
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Yes (for repairs only)
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Distinguish from upgrades or improvements.
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Print this checklist for every commercial lease negotiation: Failing to plan is planning to fail.
Next Steps
Commercial property outgoings can transform an affordable lease into a financial burden, potentially doubling your occupancy costs without proper controls. The big difference between a well-negotiated commercial lease agreement and a standard template is understanding every component of outgoings payable.
Your action plan: Request full disclosure statement before viewing any commercial space. Understand the lease structure implications for your cash flow. Never sign without reviewing all recoverable outgoings and securing appropriate caps. Carefully review whether you're leasing commercial or retail premises as protections differ dramatically.
Remember that everything in lease terms is negotiable before you sign. Whether it's management fees, certain outgoings, or audit requirements, use your leverage. Smart financial planning means understanding not just rent but total occupancy expenses including all outgoings based on your specific responsibilities.
Frequently Asked Questions