A commercial lease can commit a business to years of rent, operating costs and repair obligations. This guide is for businesses, including international companies entering Norway, that are about to sign a lease of commercial premises. Before signing, assess whether the premises support the intended operation and whether the contract provides enough flexibility if the business changes.
Tenant entity and security
The review should address which entity will be the tenant and whether a parent company or owner is being asked to provide security. The answer affects who is liable for rent and other obligations throughout the term.
Understand the contract’s importance
For commercial premises, most of the Tenancy Act (husleieloven) can be departed from by agreement. Under Section 1-2, the exceptions are Sections 1-1 to 1-4, 4-1, 4-4, 4-6, 9-7, 9-8, 9-10, 12-3 and 12-4 and Chapter 13. Protections associated with residential renting should therefore not be assumed to apply to a business lease.
Among the mandatory rules, the rent must not be unreasonable compared with what is usually obtained for similar premises on similar terms when the agreement is made (Section 4-1). A landlord’s notice of termination must be in writing and give reasons, and the tenant can object in writing within one month of receiving it (Sections 9-7 and 9-8). Most other statutory rules, such as those on deposits and index adjustment, apply only if the contract does not provide otherwise.
Read the whole contract, including general conditions, specifications, drawings and appendices. If a standard form has been amended, obtain a version showing the changes. Record which document prevails if the terms conflict.
Confirm the permitted and approved use
Describe the activity precisely: an office, clinic, shop, warehouse and restaurant can have different needs and approval requirements. Compare the lease’s permitted use with the building’s approved use and the intended fit-out. Unless the contract provides otherwise, a tenant of commercial premises may carry on related activities that do not cause significant inconvenience to the landlord or other users, and a tenant of a shop or restaurant must keep the business open in ordinary daily operation (Section 5-1).
A change of use is covered by the building application rules in Section 20-1 of the Planning and Building Act (plan- og bygningsloven). The Norwegian Building Authority explains that taking premises into a different use can require an application, even where the change involves no substantial building work. Ask for the relevant approvals and establish who will obtain any new permissions. Where the business depends on an approval, consider a contractual condition and a clear allocation of cost and delay risk.
Calculate the total occupancy cost
Base rent, adjustment dates and the indexation formula.
Service charges, management charges and reconciliation procedures.
Utilities, insurance, public charges and any separately allocated costs.
VAT treatment and the consequences of changes in use.
Fit-out costs, security requirements and reinstatement at departure.
Ask for the service-charge budget and recent accounts, and compare them with the contract’s definition of recoverable costs. Discuss whether major replacements or improvements can be passed on to the tenant. A low headline rent may be less attractive when these obligations are included.
VAT treatment needs its own review. Voluntary registration for letting buildings under Section 2-3 of the VAT Act (merverdiavgiftsloven) depends on the premises being used in qualifying activity and other conditions. Check what the lease says about the tenant’s VAT status, subletting and liability for a change that affects the landlord’s tax position.
Agree the handover and fit-out arrangements
Attach a sufficiently clear description of the premises and any landlord works. Establish the handover criteria, inspection process, defect procedure and the date rent begins. Address what happens if the premises are not ready when expected.
For tenant works, agree approvals, responsibility for contractors, access before handover and ownership of installations. Photograph the condition of the premises and record it in a signed handover document. The same record can be valuable when assessing return obligations later.
Allocate maintenance and security clearly
Distinguish routine maintenance from replacement, structural work and upgrades required by authorities. Check how the wording applies to ventilation, heating, electrical systems, roofs, façades and shared areas relevant to the premises.
A bank guarantee, deposit and parent-company guarantee create different commitments. The statutory deposit rules in Section 3-5 can be departed from for commercial premises, so the contract terms are decisive. Review the amount, duration, circumstances for payment and release conditions. If a foreign parent will guarantee the lease, check how the guarantee will operate and how claims must be made.
Protect flexibility during the term
Assess the fixed term, renewal procedure and any right to end the lease early. Record notice deadlines and the conditions for exercising an option. A business expecting to grow should consider whether the premises and the agreement can accommodate expansion.
Review assignment, subletting and change-of-control provisions before a future reorganisation or sale becomes urgent. Specify the process for requesting consent and the information to be supplied. Also check whether the original tenant or guarantor remains liable after a transfer.
Plan the end of the lease at the beginning
Clarify the required condition on return and whether alterations must be removed. Agree how wear, damage and outstanding works will be assessed, who can carry out the work and how costs will be established. Budget for these obligations when comparing properties.
For a lease review, provide the draft contract and all appendices, the proposed use, the fit-out plan and any essential start date.
Related reading
Legal framework and official guidance
Tenancy Act (husleieloven), including Section 1-2 on commercial premises
Norwegian Tax Administration: Voluntary VAT registration for letting buildings
How we can help
Advokatfirmaet Sterk AS (org. no. 931 556 584, St. Olavs plass 3, 0165 Oslo, advokats.no) advises tenants and landlords on commercial leases. If you would like us to look at your situation, you can contact us. Information about our fees is available at advokats.no/priser.
This article provides general information as of 29 October 2026 and is not legal advice for your specific situation.