A schedule of condition is a dated written and photographic record of a premises at the moment a lease starts. Once both sides accept it, it becomes the baseline for judging what the tenant must repair or hand back. In Slovenia the law does not require one, so it exists only if you negotiate it into the lease, and the earlier you raise it, the better your chances of getting it.
This guide explains what the document records, what makes it useful as evidence, how to agree it with the other party, and how it fits Slovenian lease law. It is written for tenants taking an office, shop, warehouse or restaurant space, and for landlords who want a clean, defensible starting point.
TL;DR
- A schedule of condition is a dated, photographed and written record of the premises on the day the lease starts, used as the baseline for repair and handback disputes.
- Nothing in Slovenian law makes it mandatory, so it applies only if the lease says so and both parties accept the content.
- Specific beats general: room-by-room descriptions, timestamped photographs and a signature from both sides make it usable evidence.
- It is not the same as a schedule of dilapidations, which is a list of repairs claimed at the end of a lease.
- Raise it during negotiation, before the lease is signed, and attach it to the lease as an annex.
Table of Contents
- What a schedule of condition is
- Why it matters under Slovenian lease law
- What a good schedule of condition contains
- How to prepare and agree it
- Schedule of condition, condition report and dilapidations
- What happens without one
- Limits you should plan for
- Our perspective
- How we can help
- A practical checklist before you sign
- FAQ
- Sources
What a schedule of condition is
Think of it as the "before" picture of a lease. It records the repair, condition and decoration of the premises when the lease is granted, in photographs and words. Myerson describes it as the basis against which the property can be assessed in the future, so that any significant change in condition becomes visible.
Its main job is to anchor repairing duties. Brodies LLP explains that a properly agreed schedule limits the tenant's liability to restoring the property to the condition recorded on entry. Without it, a tenant bound by an unqualified duty to keep the premises in good repair can be pushed toward a higher standard than the space had when they moved in.
That protects the tenant. It also helps the landlord. Weightmans notes that a schedule can assist the landlord in any dispute over repairing obligations, during the term or at termination, and can support a claim for dilapidations. A shared record replaces two competing memories.
In Slovenian practice the same idea often appears as a handover record when keys change hands, attached to the lease. The name matters less than the content: what was there, in what state, on which date, agreed by whom.
Why it matters under Slovenian lease law
Since the repeal of the special law on commercial buildings and premises, new business leases are governed by the general rules of the Obligations Code. ICLG's 2026 Slovenia report states that the earlier act continues to apply only to contracts concluded before the amendment. Kirm Perpar Gorjup places leases established from 19 June 2021 under Articles 587 to 618.
Two features of those rules explain why a baseline record is valuable.
Repairs are split by default. Under Article 589 of the Obligations Code, the landlord must maintain the leased thing and repair it as necessary during the lease, while the tenant bears the cost of minor repairs caused by ordinary use. The lease can shift this balance. The code says nothing about proving what state the premises were in on day one.
Defects are judged against what was agreed. The same source explains that Article 592(1) makes the landlord liable for material defects that impede the agreed or ordinary use, and for missing properties that were expressly or impliedly agreed. To show what was agreed and what was already visible, you need a record. A schedule of condition supplies it.
The tenant can also be affected in the other direction. According to ICLG, if a landlord fails to make repairs significant for the use of the premises, that can be a material breach, and under certain conditions the tenant may repair and claim reimbursement or deduct the cost from rent. A dated record of the state at entry makes it much easier to show which defect existed, which arose later, and who must pay.
One more point from the Slovenian commentary: Dida Volk, writing on tax-fin-lex.si, expects many open questions in practice now that the special law is gone. When the statute leaves room, a well-drafted lease and its annexes carry the weight.
What a good schedule of condition contains
A schedule is only as good as its detail. RLS Law's guide lists the core elements:
- a written description of structural elements, fixtures and defects such as mould, damp or cracks in masonry;
- high-quality photographs of the interior and exterior, preferably date- or timestamped;
- an inventory noting the condition of items;
- the full address and the date of preparation.
Add the following for Slovenian commercial premises:
- Identification of the space. Address, floor, area, unit number and the parts included, such as parking spaces, storage rooms or a loading ramp.
- Floor plan with numbered photographs. Each photo is tied to a location, so nobody argues later about which wall is meant.
- Building services. Heating, cooling, ventilation, electrical panel, lighting, fire detection, sanitary fittings and lifts, each with a note on whether it works.
- Meter readings. Electricity, water and heat at handover.
- Keys, access cards and remote controls handed over.
- Fit-out and equipment the landlord leaves, such as partitions, kitchenette units or shelving.
- Signatures and date of both parties.
Specific descriptions beat general ones
The commonest weakness is vagueness. In the Netherlands, Loyens & Loeff warns that a handover report saying only that the space was received in good condition, with no explanation or visuals, creates evidential difficulties. The same firm advises objective, verifiable descriptions backed by photographs and an inventory per part of the premises, and calls the report an instrument that protects both sides rather than a formality. The Dutch rules differ from Slovenian ones, but the lesson about evidence travels well.
Compare two entries for the same wall:
| Weak entry | Strong entry |
|---|---|
| Walls in good condition | North wall, open-plan office: painted white, two scuffs near the door at about 1 m height, hairline crack 30 cm long above the window (photos 14 and 15) |
| Floor worn | Carpet tiles throughout, visible wear along the corridor to the meeting room, three stained tiles near the window (photo 22) |
| Heating works | Wall-mounted heat pump unit in room 2 operates; filter dirty; remote control present (photo 31) |
The right-hand entries cost little more time to write and are far harder to dispute.
Photographs that stand up
Use a camera or phone that stamps date and time, and keep the original files. Take a wide shot of each room from the doorway, then close-ups of every defect with something for scale, such as a coin or a ruler. Photograph ceilings, window frames, floor edges, behind doors and inside cupboards. Photograph the roof, facade and any yard if they are part of the let. Name the files after the numbering in the schedule.
How to prepare and agree it
A schedule can be done by the parties themselves or by a building professional. For simple units a careful walk-through by both sides may be enough. For larger or older premises, or where the repair clause is demanding, a technically trained person usually produces a more reliable record.
Step by step
- Raise it early. Weightmans stresses that a schedule is not a legal obligation, so you should agree it while negotiating the lease and not assume the other side will accept it. Mention it in the first draft or in the term sheet.
- Inspect before signing. Do the survey while the space is empty and before any fit-out starts. After works begin, the baseline is blurred.
- Draft together. Circulate the draft schedule. Each party may add or correct entries.
- Sign it. Myerson notes that signatures from both parties are not required, but signing is good practice because it shows both accepted the content and avoids later dispute.
- Attach it to the lease. Reference the schedule in the repair and handback clauses and list it as an annex, so it forms part of the contract.
- Keep copies. Each side stores the signed paper version and the original photo files.
Wording in the lease
The annex alone is not enough if the lease says nothing about it. The repair clause should state that the tenant's duties are measured against the condition shown in the schedule, and that the tenant is not obliged to put the premises in a better state than recorded, apart from normal maintenance. The handback clause should say that the premises are returned in the recorded condition, fair wear and tear excepted. Our guide to commercial lease negotiation in Slovenia shows where these clauses sit among the other points you will discuss.
It also helps to settle other pre-signing documents consistently. A letter of intent can record at an early stage that a schedule of condition will be prepared, and a lawyer who knows Slovenian real estate can check that the annex and the clauses work together.
Schedule of condition, condition report and dilapidations
Three terms get mixed up, and the search results show it.
Schedule of condition. A shared baseline, prepared at the start, intended to be agreed by both sides and to cap the tenant's repair burden.
Condition report. A looser term. It may be a general inspection of a property for a buyer, a lender or an insurer, and it need not be attached to a lease or accepted by both parties. A report only works as a baseline if the lease says so and both parties accept it.
Schedule of dilapidations. Written at the other end of the lease. Workspace Dilapidations explains that the schedule of condition is a proactive document agreed by both sides, while the schedule of dilapidations is reactive: a list of repairs the tenant is responsible for under the lease, typically served toward the end of the term.
The two documents meet at handback. The landlord's list of claimed repairs is tested against the baseline: anything already worn or damaged at entry falls outside the tenant's responsibility if the lease ties the repair duty to the schedule. The term "dilapidations" is typical of English-law practice. In Slovenia the same issue appears as handback condition, repair costs and deductions from the deposit or guarantee.
| Schedule of condition | Condition report | Schedule of dilapidations | |
|---|---|---|---|
| When | Start of lease | Any time | End of lease |
| Purpose | Baseline for repair duties | Information on current state | List of claimed repairs |
| Agreed by both sides | Ideally yes | Not necessarily | Prepared by landlord, can be contested |
| Effect on tenant | Can cap repair liability | None by itself | Basis for a claim |
What happens without one
An absence of a schedule does not automatically favor either side. A case discussed in a UK commentary on a missing schedule makes the point that landlords should not assume the repairing standard rises just because no record exists. The practical effect is different: the dispute turns on memory, old emails and whatever photographs happen to exist.
In Slovenia that has real consequences, because the lease is the main source of rules. A tenant who leaves may face a claim for damage that was there from the start. A landlord who receives the premises back with new damage may find it hard to prove it was not there before. Both end up arguing over a deposit, a bank guarantee or the last rent payments. A dated, signed record shortens that conversation.
It also interacts with how the lease ends. If you plan to use a break clause, the condition in which you must hand back the space is often a condition of exercising the break, so a clear baseline matters there too. The same applies to other termination routes.
Limits you should plan for
The schedule is a tool, not a guarantee. Brodies and others describe it as limiting liability to the recorded condition, which means the lease wording has to connect the two. A schedule sitting in a drawer without a clause referencing it will carry little weight.
A few ways to make it stronger:
- Cover the whole let. Roof, facade, services and common-area access if they are part of what you lease.
- Update after landlord works. If the landlord completes works before handover, schedule the finished state, not the state before works.
- Record later changes. If you carry out fit-out with the landlord's consent, record it and agree what must be removed at the end.
- Note VAT and costs separately. The schedule is about condition. Money questions such as VAT on commercial leases belong in the lease body.
Our perspective
We see the same pattern across commercial lettings. Disputes at the end of a lease rarely come from bad faith. They come from two reasonable people remembering a space differently, with nothing on paper to settle it.
That is why we treat the handover as part of the deal, not an afterthought. When we represent a tenant, we want the repair duty tied to the state of the premises on the day of entry. When we represent a landlord, we want a clean record that protects the asset and supports a fair handback. Both outcomes come from the same document, prepared early, specific and signed.
Our approach is boutique and hands-on: we stay involved from the search and analysis through negotiation to the closing of the transaction, and that includes the details that decide how the relationship ends. A schedule of condition costs little compared with a repair dispute, and it is far easier to agree before the keys are handed over than after the first disagreement.
Maruša
How we can help
If you are searching for premises, we represent tenants in finding the space, negotiating the lease and handling the handover, so the points above are raised while you still have leverage. Browse commercial spaces for rent in Slovenia or ask us to shortlist options for you.
If you own the premises, our commercial space leasing for landlords covers letting from marketing to signed lease, and our property management service keeps records, inspections and handovers in order during the term. To discuss a specific lease, contact HOOF.
A practical checklist before you sign
- Ask in the first draft for a schedule of condition annexed to the lease.
- Arrange the inspection while the premises are empty, with both parties present.
- Use room-by-room descriptions and numbered, timestamped photographs.
- Record services, meter readings, keys and any equipment left behind.
- Both sides sign and date each page or the final page with a page count.
- Link the schedule to the repair and handback clauses in the lease text.
- Store the originals and agree who keeps which copy.
- Update the record if the landlord completes works before the start date.
FAQ
Is a schedule of condition mandatory in Slovenia?
No. The Obligations Code rules on leases contain no duty to prepare one, and as Weightmans points out for the wider practice, it applies only if you agree it. Include it in the lease negotiation and annex it to the contract.
Who pays for a schedule of condition?
There is no fixed rule, so it is a negotiating point. Often the tenant, who benefits most from a cap on repair liability, pays for it, but the parties can share the cost, particularly where the landlord also wants a defensible record. Settle it in the lease or term sheet.
Does both parties need to sign it?
Signatures are not legally required in the sources we reviewed, but Myerson recommends them as good practice to show both sides accepted the content. A signed and dated schedule is much harder to challenge later.
What is the difference between a schedule of condition and a schedule of dilapidations?
The schedule of condition is agreed at the start and records the baseline. The schedule of dilapidations comes at the end and lists repairs the landlord says the tenant must carry out. The first is used to test the second.
Can a schedule of condition be added after the lease is signed?
It can be agreed later through an amendment, but it is far weaker. The condition has by then changed through use, and the other side has little reason to accept a new limit. Raise it before signing.
Sources
- Brodies LLP: Don't forget the schedule of condition
- Myerson: Importance of a Schedule of Condition within a Lease
- Weightmans: Schedule of Condition
- RLS Law: Schedules of Condition in Commercial Leases
- Loyens & Loeff: Het proces-verbaal van oplevering
- Obligations Code, Slovenia: lease provisions
- ICLG: Real Estate Laws and Regulations Report 2026 Slovenia
- Kirm Perpar Gorjup: Commercial property lease in Slovenia
- Dida Volk: Najemna razmerja za poslovne prostore (tax-fin-lex.si)
- Workspace Dilapidations: Schedule of Condition vs Schedule of Dilapidations
