Before signing, establish whether the space fits your actual business operations, what approvals and improvements may be needed, and who will handle the work and costs. A permitted use is only one part of the picture. Gather the available records, clarify open questions with the property owner and municipality, and discuss the legal terms of the lease with your attorney.
What should be clear before you sign?
You should understand the proposed use, the likely approval path, the work needed to prepare the space and the responsibilities of the parties involved. Where an answer is still pending, identify what needs confirmation and who will obtain it.
A previous tenant’s business, a landlord’s assurance or a listing description can provide context, but should not be the sole basis for deciding that your operation can open there.
Three areas to check
1. Business use
Describe how the business will actually operate. A broad label such as “restaurant” or “auto business” may leave important details unanswered.
- Services, products and activities at the location.
- Operating hours, staffing and expected customer activity.
- Parking needs, deliveries and vehicle movements.
- Outdoor storage, equipment or activities, if planned.
Use this description when discussing the property’s zoning and the applicable approval path with municipal staff.
2. Property readiness
Compare the existing space with the proposed operation. Identify the records available, the improvements you expect to make and questions requiring a contractor or specialist’s assessment.
- Existing layout and available floor or site plans.
- Condition and capacity of relevant building systems and equipment.
- Planned construction, installations or changes to the space.
- Access, parking and other site features important to the operation.
3. Approval path
Clarify which zoning approvals, licenses, permits and inspections may apply, what documents are needed and whether specialists must contribute plans or reports. The requirements depend on the property, municipality and proposed business.
Understand the possible zoning approval paths →
What to request from the property owner
Ask for the available documents and identify anything missing:
- Existing floor plans, site plans and relevant property records.
- Information about the previous use and when it ended.
- Available permits, zoning approvals, conditions and occupancy documents.
- Information about building systems, equipment and known outstanding work.
- Building rules for signs and alterations.
- A description of the work the owner proposes to complete and the expected delivery condition.
These materials help define the review; they do not by themselves confirm approval for a new business.
What to discuss before taking on obligations
Make sure the practical opening plan and the proposed lease terms are considered together. Topics to discuss include:
- When possession, rent and other payments begin.
- Access for inspections, measurements and specialist assessments.
- Responsibility for improvements, repairs and related costs.
- The owner’s role in providing records, signatures or access needed for applications.
- What happens if approvals are delayed or denied, or required work changes the budget.
Discuss the legal terms and protections with your attorney. BPM helps identify operational requirements, coordination needs and questions to resolve; legal review and drafting belong with legal counsel.
Two BPM examples
Illinois Truck Center: clarifying the path after signing
The client had signed the lease and taken possession before discovering that the proposed operation required additional zoning approval. Following discussions with Village staff, the project moved toward a land use variance. The package is being finalized for hearings.
The practical lesson: establish the approval path as early as possible, before committing to an opening schedule.
Read the Illinois Truck Center case →
EZ Auto Spa: due diligence before closing
This was a property purchase, not a lease. BPM became involved after the purchase agreement and before closing. Environmental, HVAC and property inspections were coordinated, and the need for a new Conditional Use Permit process was identified.
The example shows how an early review can clarify the assessments and municipal steps needed for a planned opening.
Already signed the lease?
Start with the current facts. Gather the property records, describe the intended operation and bring together any correspondence from the owner or municipality.
- Clarify the applicable approval path with the municipality.
- List missing documents, unanswered questions and required specialist input.
- Identify the work needed to prepare the premises and assign responsibilities.
- Organize submissions, inspections and follow-up in a practical sequence.
- Discuss any contractual concerns with your attorney.
Use the confirmed requirements to update the opening plan instead of relying on the original target date.
How BPM can help
We coordinate the property and approval assessment, organize the requirements and next steps, and identify where the owner, municipality or project specialists need to provide information. The goal is a clear basis for planning the project.
To start, send the address, a description of your business, your lease status and a list of planned improvements. Share any available plans and municipal correspondence as well.
