Commercial Property Management Contract for Philippines

Commercial Property Management Contract Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the relationship between a property owner and a professional property management company for the management of commercial real estate. The document outlines the scope of management services, responsibilities of both parties, financial arrangements, reporting requirements, and compliance obligations under Philippine regulations including the Real Estate Service Act (RESA) and relevant local government codes. It includes detailed provisions for property maintenance, tenant relations, financial management, and emergency procedures, while ensuring adherence to Philippine commercial property standards and practices.

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What is a Commercial Property Management Contract?

The Commercial Property Management Contract is essential for property owners seeking professional management of their commercial real estate assets in the Philippines. This document is typically used when property owners want to delegate the day-to-day management of their commercial properties to qualified professionals, ensuring compliance with Philippine regulations including the Real Estate Service Act (RESA), Local Government Code, and National Building Code. The agreement comprehensively covers all aspects of property management, from maintenance and tenant relations to financial reporting and regulatory compliance. It's particularly important in the Philippine context where commercial property management must navigate specific local requirements, building codes, and business permits. The contract protects both parties' interests while establishing clear performance standards and operational procedures for effective property management.

What sections should be included in a Commercial Property Management Contract?

1. Parties: Identification of the Property Owner and the Property Management Company, including their complete legal names, addresses, and registration details

2. Background: Context of the agreement, including brief description of the property and the owner's intention to engage professional management services

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Appointment and Term: Formal appointment of the property manager, duration of the agreement, and renewal terms

5. Property Manager's Duties and Responsibilities: Comprehensive list of services to be provided, including maintenance, tenant management, financial management, and reporting

6. Owner's Obligations: Responsibilities of the property owner, including provision of necessary documentation and funding

7. Financial Management: Details of rent collection, operating expenses, budgeting, and financial reporting requirements

8. Fees and Compensation: Management fees, additional service fees, payment terms, and reimbursement procedures

9. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions

10. Termination: Grounds for termination, notice requirements, and post-termination obligations

11. Compliance with Laws: Obligation to comply with relevant Philippine laws and regulations

12. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures

13. General Provisions: Standard clauses including notices, amendments, governing law, and entire agreement

What sections are optional to include in a Commercial Property Management Contract?

1. Emergency Services: Additional section for properties requiring 24/7 emergency response services

2. Security Services: Detailed security requirements for high-security properties or those in sensitive locations

3. Environmental Management: Special provisions for properties with specific environmental requirements or certifications

4. Marketing and Leasing Services: Additional section if the property manager is responsible for tenant acquisition

5. Construction Management: Required for properties undergoing renovation or requiring significant improvements

6. Multi-tenant Provisions: Special provisions for managing multiple tenants and common areas

7. Retail Property Provisions: Specific requirements for retail properties including tenant mix and promotional activities

8. Force Majeure: Extended provisions for handling natural disasters or unexpected events

9. Data Protection and Privacy: Additional provisions for handling sensitive tenant or property data

10. Green Building Compliance: Special provisions for buildings with green building certifications or sustainability requirements

What schedules should be included in a Commercial Property Management Contract?

1. Schedule A - Property Details: Detailed description of the property, including address, land title details, and physical characteristics

2. Schedule B - Scope of Services: Detailed breakdown of all management services to be provided

3. Schedule C - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

4. Schedule D - Key Performance Indicators: Performance metrics and standards for evaluating property management services

5. Schedule E - Operating Budget: Initial operating budget and budget preparation requirements

6. Schedule F - Maintenance Schedule: Planned maintenance schedule and procedures

7. Schedule G - Emergency Procedures: Emergency response procedures and contact information

8. Schedule H - Required Reports: List and formats of required periodic reports

9. Appendix 1 - Property Management Team: Key personnel assigned to manage the property

10. Appendix 2 - Insurance Requirements: Detailed insurance requirements and coverage limits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Retail

Office Space Management

Shopping Center Management

Industrial Property

Hospitality

Mixed-use Development

Facility Management

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Operations

Facilities Management

Asset Management

Finance

Compliance

Maintenance

Customer Relations

Relevant Roles

Property Manager

Facility Manager

Real Estate Manager

Asset Manager

Operations Director

Building Administrator

Property Owner

Real Estate Investment Manager

Leasing Manager

Maintenance Manager

Finance Director

Legal Counsel

Compliance Officer

Building Services Manager

Property Management Executive

Industries
Civil Code of the Philippines (Republic Act No. 386): Fundamental law governing contracts, obligations, and property rights in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, and Book II on Property, Ownership, and its Modifications.
Real Estate Service Act of the Philippines (RESA) - Republic Act No. 9646: Regulates the practice of real estate service in the Philippines, including property management. Defines qualifications and responsibilities of real estate service practitioners.
National Building Code of the Philippines (PD 1096): Provides guidelines for building design, construction, occupancy, and maintenance that property managers must comply with.
Rent Control Act (Republic Act No. 9653): Although primarily for residential properties, some provisions may affect commercial properties in mixed-use buildings or when applicable to certain commercial spaces.
Local Government Code (Republic Act No. 7160): Governs local government requirements for business permits, real property taxes, and other local regulations affecting commercial properties.
National Internal Revenue Code: Covers tax obligations related to commercial property management, including income tax, VAT, and other applicable taxes.
Environmental Laws (Various, including RA 9003): Includes solid waste management and other environmental regulations that commercial properties must comply with.
Fire Code of the Philippines (RA 9514): Establishes fire safety requirements and standards that property managers must implement and maintain.
Condominium Act (Republic Act No. 4726): Relevant for commercial properties in condominium buildings or mixed-use developments.
Anti-Red Tape Act (ARTA) - Republic Act No. 11032: Governs interactions with government agencies for permits and licenses needed in property management.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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