Questions about new Tenant Fit-Out at Existing Mall (with complications)

[ETThompson]

Hi,

I'm working on a project that is a tenant fit-out in an existing mall building. However, the client has *purchase the property*, so there is a property line established around the part of the mall this is located in. The rest of the mall continues to be operated as a mall.

The owner would like to include window openings along the existing exterior face of the mall building, which is essentially now a zero lot line because of the purchase above. See attached (red is property line)

Normally, fire separation distance is not invoked by different parts of the same building - would this still apply even despite the purchase above?

Right now, we comply because the reentrant face is about 60' away, but there's nothing preventing the mall owner from adding on to the building on the opposite side from that owned by our client. We may explore them requesting an easement with the mall owner (the 60' is also the entry path to the mall on that side).

I'd appreciate any help, advice or interpretations!

Thanks, Eric

 

[Joe.B]

Are they looking for operable windows (openable) or are these more like storefront windows?

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[Yankee Chronicler]

Where is the property line, along the wall where they want to add the windows?

You wrote that the fire separation distance is zero. But ...

Normally, fire separation distance is not invoked by different parts of the same building - would this still apply even despite the purchase above?

No. A property line has been created. Fire resistance rating of exterior walls and protection of openings in exterior walls is based on the distance from the face of the building to the property line. That distance is now zero.

 

[walker.t]

client has *purchase the property*

Sometimes when a phrase is put in quotes it doesn’t really mean what is says, so not sure if there’s a special meaning when you put “purchase the property” in quotes.

Sounds to me like the mall has condominiumized their property, if so the owner of the new tenant space needs to confirm what has been designated as common space. I was involved on a project where the walls and floors between condo units and the roof were designated common space, a buyer on the top floor got in trouble when he added a couple skylights to his unit without getting an easement to pass through the common space roof. So you might not be able to add new window openings without approval of the property owners association.

There should also be something recorded showing the access easement protecting access to the new tenant space from the public right of way.