Improving environmental performance through innovative commercial leasing

A. Craig Roussac (Faculty of Architecture, Design and Planning, University of Sydney, Sydney, Australia and Investa Sustainability Institute, Sydney, Australia)
Susan Bright (New College, University of Oxford, Oxford, UK)

International Journal of Law in the Built Environment

ISSN: 1756-1450

Publication date: 13 April 2012

Abstract

Purpose

The purpose of this paper is to illustrate, by reference to practical examples, how leases of commercial buildings can be more responsive to environmental issues.

Design/methodology/approach

The paper explains how difficult it is within the structure and content of conventional leases to reduce the environmental impact of the tenanted commercial built environment. It explores the interplay between the content and structure of commercial leases and the behaviour of building owners, managers, tenants and occupants, illustrated through the experiences of a large Australian‐based commercial office building owner/operator.

Findings

With reference to practical examples it shows how conventional leases stifle innovation and illustrates the difficulties in drafting leases that enable a responsive approach to building management to be adopted. It shows how more fundamental changes that align and reward owners and tenants for working together for mutual benefit are required.

Practical implications

The paper presents a number of “model clauses” for encouraging best environmental practices and concludes with a suite of recommendations.

Originality/value

Although there have been conversations about green leases in recent years, there is little detailed evidence of their use in the marketplace. This paper remedies that deficiency by taking a case study approach that: illustrates the opportunities and difficulties in negotiating green leases; and shows how attempts to provide innovative building management can be hindered or supported by lease terms.

Keywords

Citation

Roussac, A. and Bright, S. (2012), "Improving environmental performance through innovative commercial leasing", International Journal of Law in the Built Environment, Vol. 4 No. 1, pp. 6-22. https://doi.org/10.1108/17561451211211714

Download as .RIS

Publisher

:

Emerald Group Publishing Limited

Copyright © 2012, Emerald Group Publishing Limited

Please note you might not have access to this content

You may be able to access this content by login via Shibboleth, Open Athens or with your Emerald account.
If you would like to contact us about accessing this content, click the button and fill out the form.
To rent this content from Deepdyve, please click the button.