Reply To: self-contained or not?

Peter Barker

I think it comes down to whether the term “is” includes “could be”. If they do not have exclusive legal possession of K/B/T, does it matter whether there is another tenant currently in occupation? Does the regulation contemplate the legal or practical situation?

I don’t know, but my gut is telling you could get this through audit if you cite the definition in Article 17(4) and say that you have concluded it is satisfied when there are no other occupiers.

Andy T – are you around?