Owner Occupied

Definition of Owner Occupied

In the realm of commercial real estate, an owner-occupied property is a building or facility where the business entity that owns the property also serves as the primary tenant. From a commercial mortgage perspective, this means the borrower uses the space to conduct its own day-to-day business operations rather than simply leasing the space to third-party tenants for rental income.

The 51% Occupancy Rule

To qualify for an owner-occupied commercial mortgage, most traditional lenders and government-backed programs, such as the Small Business Administration (SBA), require the business owner to occupy a specific minimum percentage of the building. For existing buildings, this threshold is typically 51% or more of the total square footage. If the loan is for a new construction project, the requirement often increases to 60% or more, with the intent that the business will eventually occupy the remainder of the space.

Key Characteristics of Owner-Occupied Financing

Lenders view owner-occupied mortgages differently than "investment" or "non-owner occupied" loans. Because the borrower’s primary business is tied to the physical location, the lender evaluates the operational cash flow of the business rather than the market rent of the building. Key features include:

• Lower Down Payments: Borrowers can often secure financing with 10% to 15% down, whereas investment properties usually require 25% to 35%.
• Favorable Interest Rates: Because the property is essential to the borrower's livelihood, default rates are historically lower, resulting in more competitive interest rates.
• Extended Terms: Programs like the SBA 504 or 7(a) offer long-term, fully amortized schedules (up to 25 years) without the "balloon payments" common in traditional commercial lending.
• Ancillary Income: While the owner must occupy the majority of the space, they are permitted to lease out the remaining 49% to other tenants, providing an additional stream of revenue.

Why Lenders Prefer Owner-Occupants

Lenders generally categorize owner-occupied loans as lower risk. When a property is an investment vehicle, a landlord might walk away from the mortgage if vacancy rates rise and the building becomes cash-flow negative. However, an owner-occupant is highly motivated to keep the mortgage current because the building houses their equipment, staff, and customer base. The property is an integral part of their business infrastructure, making the commitment to the loan much stronger.

Strategic Advantages for Business Owners

Choosing an owner-occupied mortgage allows a business owner to build equity in an asset rather than paying rent to a landlord. Over time, this provides the owner with a valuable piece of real estate that can be sold or leased out upon retirement. Furthermore, owners may benefit from tax advantages such as depreciation and the ability to deduct mortgage interest as a business expense.