Commercial Lending

What Counts as an Owner-Occupied Commercial Real Estate Loan?

A commercial real estate loan is owner-occupied when your business, or an affiliate, repays it from operations and unrelated tenants' rent is under 50% of the repayment source. That keeps it out of the non-owner-occupied total banks are screened on. SBA uses a space test instead: 51% or 60% occupancy.

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By Rommin Adl · · 13 min read

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A commercial real estate loan is owner-occupied when the owner's or an affiliate's business operations are the primary repayment source and unrelated tenants' rent is under 50 percent of it. Banks care because those loans stay out of the non-owner-occupied total examiners screen at 300 percent of capital. SBA instead tests space: 51 or 60 percent occupied.

The quick read: A commercial real estate loan counts as owner-occupied when its primary source of repayment is cash flow from the business operations of the property's owner, or an affiliate of that owner. In the definition banks use for their Call Reports, rent from unrelated tenants must be less than 50 percent of the source of repayment. The label matters because federal concentration guidance leaves owner-occupied loans out of the commercial real estate total that examiners screen at 300 percent of a bank's capital. SBA loans run a space test instead: 51 percent occupancy of an existing building, 60 percent of new construction.

Bank test, owner-occupied (FFIEC Call Report instructions, Schedule RC-C): repayment comes mainly from the ongoing operations of the owner or an affiliate of the owner

Bank test, rent line (FFIEC Call Report instructions, Schedule RC-C): unrelated third-party rent below 50 percent of the source of repayment

Concentration screen (2006 interagency guidance): non-owner-occupied CRE at 300 percent or more of total capital, with the CRE portfolio up 50 percent or more over the prior 36 months

SBA existing building (13 CFR 120.131): borrower occupies at least 51 percent of the rentable property

SBA new construction (13 CFR 120.131): borrower occupies at least 60 percent of the rentable property

Timing (FFIEC Call Report instructions): the bank makes the determination when it originates or buys the loan

This page answers the classification test itself. For how terms differ once a loan is classified, read owner-occupied vs investment property commercial loans; for the product view, see owner-occupied commercial real estate loans.

What makes a commercial real estate loan owner-occupied?

A commercial real estate loan is owner-occupied when cash flow from the ongoing business operations of the property's owner, or an affiliate of that owner, is the primary source of repayment, rather than rent from unrelated tenants or the proceeds of selling or refinancing the building. Banks use that definition when they report the loan to regulators.

The FFIEC's instructions for Schedule RC-C of the Call Report (September 2023 instruction book) define loans secured by owner-occupied nonfarm nonresidential properties as loans repaid primarily from the ongoing operations and activities conducted by the party, or an affiliate of the party, who owns the property. The same paragraph names two sources that cannot carry the loan: third-party, nonaffiliated rent, which must stay under 50 percent of the source of repayment, and the proceeds of a sale, refinancing or permanent financing of the property. The second exclusion is easy to miss. A plan to repay by selling the building is an investor's plan, even if your business occupies it today.

The instructions also sort property types. Hospitals, golf courses, recreational facilities and car washes are owner-occupied unless an investor owns the property and leases it to an unrelated operator, and a church is owner-occupied unless an investor leases it to the congregation. Hotels, motels, dormitories, nursing homes, assisted-living facilities and mini-storage are reported as non-owner-occupied, although a nursing home or assisted-living facility can be reported as owner-occupied when 50 percent or more of repayment comes from operations, such as medical or maintenance services, conducted by the owner or an affiliate.

Two scope points follow. The owner-occupied split exists only for nonfarm nonresidential property: loans on apartment buildings of five or more units go on a separate multifamily line, which the OCC's Comptroller's Handbook counts in the non-owner-occupied CRE total. And the bank decides the question when it originates or purchases the loan; the instructions say the determination need not be reviewed thereafter.

How much of the building can you lease out and still be owner-occupied?

For a bank loan, you can lease space to unrelated tenants as long as their rent stays below 50 percent of the loan's source of repayment, because the bank test counts repayment dollars rather than square feet. The OCC's handbook says a partly leased property is non-owner-occupied once 50 percent or more of its repayment comes from unaffiliated income.

So the share of the floor you occupy is a proxy at best. A business using 45 percent of a building can be owner-occupied when its tenants pay modest rent, and one using 55 percent can fail when the leased space is high-rent frontage. Neither source prescribes the arithmetic, so ask each lender how it measures the share; the example below compares unrelated rent with annual debt service.

Illustrative example (our arithmetic): each building is owned directly by the operating business and carries an assumed $190,000 of annual debt service, and the business covers whatever its tenants' rent does not from operating cash flow.

Table: three owner-user buildings under the bank test and the SBA test (illustrative)

Line Building A Building B Building C
Line Space the business occupies Building A 60% Building B 55% Building C 45%
Line Space leased to unrelated tenants Building A 40% Building B 45% Building C 55%
Line Unrelated tenants' annual rent Building A $76,000 Building B $104,500 Building C $57,000
Line Unrelated rent as a share of $190,000 debt service Building A 40% Building B 55% Building C 30%
Line Bank class on that measure Building A Owner-occupied Building B Non-owner-occupied Building C Owner-occupied
Line SBA existing-building test (51% occupied) Building A Passes Building B Passes Building C Fails

Building B is the trap. The business occupies more than half the space and clears the SBA's existing-building line, yet its retail tenants pay 55 percent of the debt service, so on that measure a bank would report the loan as non-owner-occupied. Building C is the reverse: owner-occupied for a bank, short of the SBA's 51 percent.

Affiliate leases work in your favor. Many owners hold the building in a property company that leases it to their operating company, and because the Call Report definition counts operations conducted by an affiliate of the owner, that rent is not third-party, nonaffiliated rent. The OCC's handbook names this structure and warns that rents used for valuation should be consistent with the market, to avoid relying on rates that were not set at arm's length and may be inflated. Price the lease at market, put it in writing and document the common ownership.

Why do banks care whether a commercial loan is owner-occupied?

Banks care because the federal concentration guidance counts non-owner-occupied commercial real estate loans against capital and leaves owner-occupied loans out, so the label decides whether your loan adds to the total examiners screen. A bank whose total reaches 300 percent of capital after fast portfolio growth may draw further supervisory analysis.

The agencies' 2006 guidance on concentrations in commercial real estate lending, published in the Federal Register on December 12, 2006, set two screens. One is construction, land development and other land loans at 100 percent or more of total capital. The other is total commercial real estate loans, as the guidance defines them, at 300 percent or more of total capital, with the CRE portfolio up 50 percent or more over the prior 36 months. The final guidance says its focus is loans where cash flow from the real estate collateral is the primary source of repayment, rather than loans where real estate is a secondary source.

The OCC's Comptroller's Handbook on commercial real estate lending (Version 2.0, March 2022) restates both screens, counts construction, multifamily and other nonfarm nonresidential loans in the non-owner-occupied total (plus loans to finance CRE that are not secured by real estate, reported in a Call Report memorandum item), and states that owner-occupied commercial properties are not included when measuring CRE concentrations. It adds that the criteria are not CRE lending limits, and that a troubled owner-occupied credit that comes to rely on its collateral can still add to a bank's concentration risk.

The FDIC reports the non-owner-occupied bucket separately. In its statement on second quarter 2026 results (August 25, 2026), it said the past-due and nonaccrual rate on non-owner-occupied CRE loans at banks with more than $250 billion in assets fell for the seventh consecutive quarter to 3.08 percent, below the 4.99 percent peak of the third quarter of 2024 but well above the pre-pandemic average of 0.59 percent. It added that these large banks hold lower concentrations of such loans relative to assets and capital than smaller banks; the statement's chart puts the rate at 1.10 percent for banks with $1 billion to $10 billion in assets and 1.48 percent for $100 million to $1 billion. For scale, FDIC-insured institutions held $1,943,158 million of nonfarm nonresidential loans in total, the Call Report line that sums owner-occupied and other (FDIC Quarterly Banking Profile series on FRED, observation dated 2026-04-01, second quarter 2026).

The practical point: ask at the first conversation how the bank will classify your loan, and whether its concentration position affects how it treats a non-owner-occupied request.

How does the SBA occupancy test differ from the bank test?

The SBA test measures occupied space rather than repayment dollars: under 13 CFR 120.131, a borrower buying or renovating an existing building must occupy and use at least 51 percent of the rentable property, and a borrower financing new construction must occupy at least 60 percent, so one building can pass one test and fail the other.

For an existing building, the borrower may permanently lease up to 49 percent. For new construction, it may permanently lease up to 20 percent and must plan to occupy some of the remaining space within three years and all space not permanently leased within ten. The rule covers 7(a) and 504 financing alike.

The SBA has its own affiliate lease. An Eligible Passive Company can own the real estate and lease it to one or more Operating Companies (13 CFR 120.111); under 120.131, when it leases the whole building to them, the Operating Companies together must meet the occupancy rule. The lease must be in writing and subordinate to SBA's lien, with rents assigned as collateral; rent cannot exceed the loan payment plus direct holding costs such as maintenance, insurance and property taxes; and the lease term, with renewal options only the Operating Company can exercise, must at least equal the loan term. The Operating Company must be a guarantor or co-borrower, and each holder of 20 percent or more of either company must guarantee the loan. For the 504 down payment, see SBA 504 down payment and owner-occupancy rules.

Table: how the owner-occupied, investor and SBA tests compare

Attribute Owner-occupied (bank test) Investor, non-owner-occupied (bank test) SBA 7(a) and 504
Attribute What is measured Owner-occupied (bank test) Source of repayment Investor, non-owner-occupied (bank test) Source of repayment SBA 7(a) and 504 Share of rentable space the borrower occupies
Attribute Primary repayment source Owner-occupied (bank test) Operations of the owner or an affiliate Investor, non-owner-occupied (bank test) Unrelated rent, or sale or refinance proceeds SBA 7(a) and 504 The occupying operating business
Attribute Leasing line Owner-occupied (bank test) Unrelated rent under 50% of repayment Investor, non-owner-occupied (bank test) Unrelated rent at 50% or more SBA 7(a) and 504 Up to 49% of space leased (existing building)
Attribute Rent from your own operating company Owner-occupied (bank test) Counts as affiliate operations Investor, non-owner-occupied (bank test) Not the main source SBA 7(a) and 504 Allowed through an Eligible Passive Company
Attribute In the 300% concentration total Owner-occupied (bank test) No Investor, non-owner-occupied (bank test) Yes SBA 7(a) and 504 Depends on the lending bank's Call Report test
Attribute Source Owner-occupied (bank test) FFIEC Call Report, Schedule RC-C Investor, non-owner-occupied (bank test) Call Report and OCC handbook SBA 7(a) and 504 13 CFR 120.131 and 120.111

What should an owner-user document before applying for an owner-occupied loan?

Before you apply, document the repayment split the lender will classify: the operating company's financial statements and tax returns, every lease in the building, the common ownership behind any affiliate lease, and the rent unrelated tenants pay against the proposed debt service. The bank makes that call when it originates the loan, so the file has to show it.

What to assemble:

  • Operating company financial statements and business tax returns
  • The lease between your property company and your operating company, at market rent, with an ownership chart showing the affiliation
  • A rent roll and every third-party lease, with expiration dates
  • A one-page calculation of unrelated rent against the proposed annual debt service
  • For an SBA request, rentable square footage by occupant

Timing matters most if your current loan matures in the next 6 to 12 months and you have added tenants since you bought. A refinance originates a new loan, and the instructions tie the classification to origination, so the new lender reads today's rent roll, not the one you had at purchase.

How do you get an owner-occupied commercial real estate loan placed?

Option 1, and our recommendation, is a commercial mortgage brokerage that documents the repayment split before any lender sees the file, then compares bank and SBA routes side by side, because each route applies its own occupancy test. YieldStack is an AI-native commercial mortgage brokerage that arranges financing for commercial real estate investors.

Option 1: a commercial mortgage brokerage (our pick). We put it first for three reasons. The label is set at origination from the file the lender reads, so the affiliate lease, the rent roll and the operating company's cash flow should show the split before the first lender sees it. The bank's repayment test and the SBA's space test can disagree on the same building, as Building B shows, and comparing both routes up front beats learning in underwriting that one fails. And the terms that follow the label, such as guarantees, the affiliate lease and recourse, are negotiable. YieldStack's software matches the deal against 20,000+ loan programs, and the median first offer arrives in under an hour, from an institutional lender. Human brokers then structure the request, negotiate for the borrower and carry the deal toward closing.

Option 2: go straight to your own bank. A bank that holds your operating accounts already knows the business cash flow. Ask at the start how it will classify the loan.

Option 3: go directly to an SBA lender. If your occupancy clears 51 percent of an existing building, or 60 percent of new construction, an SBA lender can run the request. Confirm the Eligible Passive Company lease and guarantee requirements first.

When the file is ready, send your owner-occupied deal for review. It costs Zero upfront to submit a deal and review offers; YieldStack's broker fee is 0.50–1.00% of the loan amount and is paid only at closing. Every credit decision is made by the lender; YieldStack arranges the introductions and negotiates on the borrower's side, and no loan, rate, or closing is guaranteed.

The bottom line

Owner-occupied is a repayment test before it is a space test. For a bank, the loan is owner-occupied when your business, or an affiliate, repays it from operations and unrelated rent stays below 50 percent of the repayment source, which keeps it out of the non-owner-occupied total regulators screen at 300 percent of capital. The SBA asks whether you occupy 51 percent of an existing building or 60 percent of a new one. Run both tests on your numbers, document any affiliate lease at market rent, and if your loan matures within a year, rerun the split on today's rent roll.

Frequently Asked Questions

Can a building be owner-occupied if I lease most of it to tenants?

For a bank, yes, if unrelated tenants' rent is less than 50 percent of the loan's source of repayment, because the Call Report definition counts repayment dollars rather than square feet. For an SBA 7(a) or 504 loan, no: 13 CFR 120.131 requires the borrower to occupy at least 51 percent of an existing building and 60 percent of new construction.

Does rent from my own operating company count as third-party rent?

No. The Call Report definition counts cash flow from operations conducted by the owner or an affiliate of the owner, so rent your own operating company pays your property company is affiliate cash flow. The OCC's handbook says rents used for valuation should be consistent with the market, so set the lease at market rent and put it in writing.

Does my loan's classification change if I add tenants after closing?

Generally not at the bank that holds it, for Call Report purposes. The Call Report instructions say the bank makes the owner-occupied determination when it originates or buys the loan and need not review it afterward. A refinance originates a new loan, so the new lender classifies it on the rent roll at that time, which matters most if your loan matures within the next 6 to 12 months.

Is the 300 percent figure a limit on how much a bank can lend on commercial real estate?

No. The OCC's Comptroller's Handbook states that the 2006 concentration criteria are not CRE lending limits. They are screens: a bank with non-owner-occupied CRE at 300 percent or more of total capital, after 50 percent portfolio growth over 36 months, may draw further supervisory analysis. Owner-occupied loans are left out of that total.

Can an apartment building loan be owner-occupied commercial debt?

Not under the bank reporting test. Loans on apartment buildings of five or more units go on the Call Report's separate multifamily line, and the OCC's handbook counts that line in the non-owner-occupied CRE total. Living in one unit of a 12-unit building does not move the loan into the owner-occupied commercial category.

Sources

  1. Schedule RC-C, item 1.e: the owner-occupied determination is made upon acquisition (origination or purchase) of the loan and need not be reviewed thereafter. Item 1.e.(1): loans secured by owner-occupied nonfarm nonresidential properties are those whose primary source of repayment is the cash flow from the ongoing operations and activities conducted by the party, or an affiliate of the party, who owns the property; the primary source of repayment is not third party, nonaffiliated rental income (any such rental income is less than 50 percent of the source of repayment) or the proceeds of the sale, refinancing, or permanent financing of the property; hospitals, golf courses, recreational facilities, car washes and churches are included unless owned by an investor who leases to an unaffiliated operator. Item 1.e.(2): hotels, motels, dormitories, nursing homes, assisted-living facilities and mini-storage are other nonfarm nonresidential properties, with a nursing home or assisted-living exception when 50 percent or more of repayment comes from operations of the owner or an affiliate. Item 1.d: multifamily properties of 5 or more dwelling units are reported separately. Memorandum item 3: loans to finance commercial real estate, construction, and land development activities (not secured by real estate).

    FFIEC 031 and 041 Call Report Instructions, Schedule RC-C, Loans and Leases (September 2023 instruction book, hosted by the FDIC)
  2. When a property is partially leased to an unaffiliated tenant, classification is determined by the primary source of repayment; if 50 percent or more is derived from third-party, unaffiliated income, the property is non-owner-occupied. Rents used for valuation when the owner leases the building to its business through a separate entity should be consistent with the market. Owner-occupied commercial properties are not included for purposes of measuring CRE concentrations under OCC Bulletin 2006-46. Supervisory criteria: construction, land development and other land loans at 100 percent or more of total capital, or total non-owner-occupied CRE loans (Call Report items 1.a, 1.d, 1.e.(2) and Memorandum item 3) at 300 percent or more of total capital with the CRE portfolio up 50 percent or more during the prior 36 months; these criteria are not CRE lending limits.

    Office of the Comptroller of the Currency, Comptroller's Handbook: Commercial Real Estate Lending, Version 2.0 (March 2022; reputation-risk references removed as of March 20, 2025)
  3. Final interagency guidance: an institution may be identified for further supervisory analysis if construction, land development and other land loans represent 100 percent or more of total capital, or total commercial real estate loans as defined in the guidance represent 300 percent or more of total capital and the CRE portfolio has increased 50 percent or more during the prior 36 months; the agencies clarified that the focus is on CRE loans where cash flow from the real estate collateral is the primary source of repayment rather than loans where real estate is a secondary source of repayment.

    OCC, Federal Reserve and FDIC, Concentrations in Commercial Real Estate Lending, Sound Risk Management Practices, 71 Federal Register 74580 (December 12, 2006)
  4. 13 CFR 120.131: for new construction financed by 7(a) or 504, a borrower may permanently lease up to 20 percent of the rentable property if it permanently occupies and uses no less than 60 percent, plans to occupy some of the remaining space within three years and all space not permanently leased within ten years; for acquisition, renovation or reconstruction of an existing building, the borrower may permanently lease up to 49 percent if it permanently occupies and uses no less than 51 percent; an Eligible Passive Company leasing 100 percent to Operating Companies follows the same rules through the Operating Companies.

    Electronic Code of Federal Regulations, 13 CFR 120.131, Leasing part of new construction or existing building to another business (current as read 2026-10-30)
  5. 13 CFR 120.111: an Eligible Passive Company leases property to one or more Operating Companies; the lease must be in writing and subordinate to SBA's lien, rents must be assigned as collateral, rent cannot exceed the loan payment plus the passive company's direct holding expenses such as maintenance, insurance and property taxes, the remaining lease term including renewal options exercisable solely by the Operating Company must at least equal the loan term, the Operating Company must be a guarantor or co-borrower, and each holder of 20 percent or more of either company must guarantee the loan.

    Electronic Code of Federal Regulations, 13 CFR 120.111, What conditions must an Eligible Passive Company satisfy? (current as read 2026-10-30)
  6. Second quarter 2026: the non-owner-occupied CRE past-due and nonaccrual rate for banks with assets greater than $250 billion declined for the seventh consecutive quarter to 3.08 percent, below the recent peak of 4.99 percent in third quarter 2024 but well above the pre-pandemic average of 0.59 percent; these large banks have lower concentrations of such loans in relation to total assets and capital than smaller banks; Chart 10 shows 2026 Q2 rates of 1.10 percent for assets of $1 billion to $10 billion and 1.48 percent for $100 million to $1 billion.

    Federal Deposit Insurance Corporation, statement on the Quarterly Banking Profile, Second Quarter 2026 (August 25, 2026)
  7. Balance Sheet: Total Assets: Loans Secured by Real Estate: Nonfarm Nonresidential, FDIC-insured institutions, millions of U.S. dollars, quarterly: 1,943,158 for the observation dated 2026-04-01 (Q2 2026); source FDIC Quarterly Banking Profile.

    Federal Reserve Bank of St. Louis, FRED series QBPBSTASLNREALNFRMRES (FDIC Quarterly Banking Profile; updated Aug 27, 2026)

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