(1) The lettable area
of a retail shop means so much of the surface floor area of the premises as
are designed and available for use in carrying on the business that is, or
will be, carried on at the shop.
(2) Each of the
following areas is not part of the lettable area of a retail shop, unless a
particular tenant has a right to the exclusive use of the area —
(a)
areas covered by awnings or similar coverings;
(b)
balconies;
(c)
areas under planter boxes;
(d)
terraces;
(e)
verandahs;
(f)
public spaces;
(g)
thoroughfares or access ways for the use of service vehicles or the delivery
of goods;
(h) all
other areas of a retail shop that are not reasonably capable of being used in
carrying on the business that is, or will be, carried on at the shop.
(3) Each of the
following areas is not part of the lettable area of a retail shop, if the area
is provided as a common facility in the building where the shop is situated,
unless a particular tenant has a right to the exclusive use of the
area —
(a)
access ways;
(b)
cupboards;
(c)
escalators, stairwells and landings;
(d) fire
hose reel cupboards;
(e) lift
shafts and lobbies;
(f)
plant/motor rooms;
(g)
recessed doorways;
(h)
storage rooms;
(i)
tea rooms and other service areas;
(j)
telecommunications cupboards;
(k)
toilets;
(l) car
park spaces;
(m)
entrance halls.
[Regulation 3AA inserted: Gazette
30 Nov 2012 p. 5832-4.]