Are Gyms & Fitness Studios Classified as Retail Tenancies in NSW & QLD?
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NSW: Since 1 Jan 2023, gyms/fitness studios (including yoga, barre, pilates and dance) are expressly listed as retail shops under the Retail Leases Regulation 2022 (NSW). NSW retail leasing rules apply.
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QLD: Not automatically retail. In Queensland, fitness uses are not on the prescribed “retail” list. A gym/yoga/pilates lease in QLD is only a retail shop lease if it sits inside a “retail shopping centre” (location test) and no exclusion applies (e.g., large floor plate over 1,000 m², etc.).
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Stand-alone QLD sites (like many Toowoomba sheds/warehouses converted to gyms) are usually commercial / non-retail, so landlords can pass through the full suite of outgoings if the lease says so (including land tax and management fees, which are typically restricted under the retail regime).