Glossary · SBA

SBA occupancy requirement

Also called: 51 percent rule, owner-occupancy rule, SBA leasing rule

Defined by the Research desk, The Lender Report · Sources reviewed

The rule that a business using SBA money on real estate must occupy at least 51 percent of an existing building, or 60 percent of a new one, and may lease out the rest within set limits.

When proceeds buy or improve real estate, or refinance debt secured by it, the business must occupy at least 51 percent of the rentable property in an existing building and may lease up to 49 percent. For new construction it must occupy 60 percent, may lease up to 20 percent permanently, and may lease another 20 percent temporarily if it plans to use some of that space within three years and all of it within ten.

Rentable property is the total square footage used for business operations, leaving out stairways, elevators and mechanical areas, and counting common areas and exterior space in active use, but not parking. If an eligible passive company owns the building, it must lease 100 percent to the operating company, which then follows the same percentages.

The lender may allow up to a year after closing to meet the share, for example while a tenant’s lease runs out. A 504 closing package cannot go in if the borrower will not be occupying, unless SBA agreed in writing in advance. Proceeds cannot improve space that will be subleased. Example: an existing 20,000-square-foot building requires the business to occupy at least 10,200 square feet, and it may lease up to 9,800.

How it shows up in the data here

Not in the SBA loan file, which has no square footage or occupancy field. The lender and SBA test occupancy at the loan, from leases and floor area, and the result is not published. Ask the lender how it will document occupancy.

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Related terms

Sources

  1. SBA SOP 50 10 8.1, Section A, Chapter 3, C (Occupancy and Leasing Requirements), effective .
  2. 13 CFR 120.131, leasing part of a building to another business, retrieved .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.