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Article
Publication date: 8 April 2014

Susan Bright and Hannah Dixie

– This paper aims to report on research that investigates the use of green clauses in leases of office and retail premises in England and Wales.

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Abstract

Purpose

This paper aims to report on research that investigates the use of green clauses in leases of office and retail premises in England and Wales.

Design/methodology/approach

The authors examined 26 recent leases of green build properties registered at HM Land Registry. The green clauses discovered were classified and compared with the model form green clauses promoted by the London-based Better Building Partnership's Green Lease Toolkit.

Findings

Of the 26 leases analysed, 18 contained some form of green provision.

Research limitations/implications

As the sample selected was not representative, a larger study is needed to detect trends in green leasing. This research method does not show the impact of green clauses on property management.

Practical implications

This research illustrates the types of clauses that have been used in leases but also shows that green leasing principles are not yet the industry standard. Many new, long leases still make no reference to environmental practices.

Originality/value

This is the first research to be done examining the green content of agreed leases and develops a methodology that can be used for future research.

Details

International Journal of Law in the Built Environment, vol. 6 no. 1/2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 13 April 2012

A. Craig Roussac and Susan Bright

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.

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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.

Details

International Journal of Law in the Built Environment, vol. 4 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 3 April 2017

Nicola Livingstone and Jessica Ferm

The purpose of this paper is two-fold. Primarily, it examines the relationship between sustainable buildings and occupiers, by summarising the key extant literature. Secondarily…

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Abstract

Purpose

The purpose of this paper is two-fold. Primarily, it examines the relationship between sustainable buildings and occupiers, by summarising the key extant literature. Secondarily, the paper proposes avenues for future research relating to the impact of sustainability on corporate real estate strategy.

Design/methodology/approach

The paper reviews over 90 relevant publications related to sustainability, real estate market responses and corporate real estate, focussing on the role and response of occupiers. The approach concentrates on occupier strategies, specifically considering influences such as corporate social responsibility (CSR), landlord–tenant relationships, the changing occupier role and the “circle of blame”.

Findings

In recent years, literature has increasingly begun to reflect nuances in occupier responses to sustainable, prime, office real estate, with some conflicting findings as to the importance of sustainability. Location remains the dominant consideration in decision-making for occupiers, but sustainability is key to CSR and “value-add” in certain sectors. More effective use of sustainable buildings requires improved communication between landlord and tenant. The authors’ review demonstrates that challenges still remain in relation to the “circle of blame”. More research needs to be done in relation to the emergence of sustainability in the non-prime and retail sectors.

Originality/value

Through collating key literature in this topical research area, the paper provides a critical review of occupier responses to sustainable real estate, and, therefore, a fuller understanding of emerging market practices. Additionally, it suggests future research directions.

Details

Journal of Corporate Real Estate, vol. 19 no. 1
Type: Research Article
ISSN: 1463-001X

Keywords

Article
Publication date: 6 November 2018

Dave Collins

This paper aims to identify the state of the art in Green Leases and Green Leasing in theory and practice, while also identifying how the roles and motivations of the stakeholders…

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Abstract

Purpose

This paper aims to identify the state of the art in Green Leases and Green Leasing in theory and practice, while also identifying how the roles and motivations of the stakeholders of “owner/landlord”, “lessee” and “facilities management” are different in a building that uses Green Leasing and Green Leases, as opposed to the one without.

Design/methodology/approach

Through existing literature and existing case studies from 1995 to the present day, this paper will identify the state of the art of Green Leases and Green Leasing and the extent to which literature-based discussions have played out in their practical application in the real estate sector. The roles of key stakeholders will be analysed and then compared to the interactions and roles identified in a theoretical model that describes the same stakeholders but from a more traditional stakeholder perspective. This will be achieved through using literature from journal papers mostly from the disciplines of built environment, facilities management, finance, investment, law, management and real estate.

Findings

The literature and case studies found in literature demonstrate a gradual move towards advancing Green Lease adoption and development. While the roles of key stakeholders do see a change in Green Leased buildings in terms of, for example, changing competencies for facilities managers (FMs) and more user engagement with their buildings sustainability, the literature indicated most of the changes are realised through a strengthening of existing interactions already evident in buildings without a Green Lease or Green Leasing.

Originality/value

This paper provides a state of the art review on the development of Green Leasing and Green Leases in theory and practice from a stakeholder perspective. It provides possibility to expand further on the changing roles of these stakeholders in Green buildings, which in turn could also positively affect the further development of Green Leases themselves, as well as sustainable certification methodologies such as Europe’s leading certification “Building Research Establishment Environmental Assessment Method” (BREEAM).

Article
Publication date: 25 February 2014

Malcolm Dowden

This legal update examines the implications for commercial landlords of regulations required to be made under Energy Act 2011, and to come into force by 1 April 2018. Under those…

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Abstract

Purpose

This legal update examines the implications for commercial landlords of regulations required to be made under Energy Act 2011, and to come into force by 1 April 2018. Under those regulations, a landlord “may not let” commercial premises falling below a specified energy performance rating (likely to be E). The sanction of market deprivation arguably represents a significant shift in the balance between incentive and compulsion as the key policy tool adopted by the UK Government in seeking to improve the energy performance of commercial buildings. The paper aims to discuss these issues.

Design/methodology/approach

The paper sets out and reflects a practitioner's concerns relating to the proposed new sanction of market deprivation. It identifies and highlights practical difficulties likely to be encountered when considering the interaction of the proposed regulations with existing statute (e.g. Landlord and Tenant Act 1954) and contractual provisions such as tenant break clauses.

Findings

The prospect of being unable to let commercial premises that fall below a specified energy efficiency rating must focus landlord attention on rights to enter to carry out improvement works. The paper identifies a potentially significant trap for landlords in the model green lease clauses issued by the Better Buildings Partnership where tenant consent is required.

Research limitations/implications

The paper does not reflect extensive or exhaustive academic research. Consistently with its purpose a legal update, it identifies key issues likely to be encountered by practitioners.

Practical implications

The principal practical implication is the need for landlords and their professional advisors to consider as part of any current lease negotiations the need to secure rights of entry for landlords to carry out improvement works where premises are at risk of falling below the energy performance rating likely to be specified in regulations to be made under Energy Act 2011, s 49.

Originality/value

The paper reflects a practitioner's views, developed through client matters and also through designing and delivering professional training sessions, on the likely implications of the requirement for regulations under Energy Act 2011.

Details

Journal of Property Investment & Finance, vol. 32 no. 2
Type: Research Article
ISSN: 1463-578X

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Article
Publication date: 28 October 2022

Dave Collins

The purpose of this study is to look at what Urban Facilities Management (FM) and Green Leasing have in common and the degree to which they are ultimately reliant on one another…

Abstract

Purpose

The purpose of this study is to look at what Urban Facilities Management (FM) and Green Leasing have in common and the degree to which they are ultimately reliant on one another. Whilst both are similar in terms of their placement in organizational management, Green Leasing is a building level concept whilst Urban FM is at the community level. The primary purpose of this paper is to show how the commonalities of both can strengthen one another and offer tangible possibilities to improve the sustainable credentials of urban development projects.

Design/methodology/approach

This study will be conducted with a mixed-methods approach. Firstly, a literature study will determine the commonalities between both concepts, and the degree to which they rely on one another to work effectively in projects. The second method will be a cross-sectional case study. Using existing cases that use both (either implicitly or explicitly), the study can demonstrate how these commonalities and reliabilities can offer tangible outputs to real work projects. These will then be combined in a case study to demonstrate many of these aspects in a real-world setting.

Findings

The finding demonstrates that there are commonalities between Green Leasing and Urban FM at all levels of organizational management and that the success of both requires holistic consideration of each other, as well as other aspects such as FM and citizen participation. The success and failure of projects are depending upon considering these aspects. By not considering the buildings and community levels as separation aspects, but more as different levels of the same project, multi-level considerations can contribute to the success of urban development projects.

Originality/value

The commonalities between Urban FM and Green Leasing are profound and do not just show the value of holistic thinking, but also the inclusion of other considerations such as FM to reduce project failure and long-term project viability. This can add value to the study of not just Urban FM and Green Leasing, but also FM more generally, architectural design and urban planning.

Article
Publication date: 1 July 2014

Kathryn B. Janda, Catherine Bottrill and Russell Layberry

The purpose of this paper is to present new empirical data on leases, energy management, and energy meters in the UK, with a particular focus on small and medium enterprises…

Abstract

Purpose

The purpose of this paper is to present new empirical data on leases, energy management, and energy meters in the UK, with a particular focus on small and medium enterprises (SMEs) and other “minor” players. The paper develops a new segmentation model that identifies six different combinations of energy and organizational conditions.

Design/methodology/approach

The authors surveyed participants in an online energy management and data analytics service. A 30-question online survey gathered data from 31 respondents on three kinds of infrastructure – legal, organizational, and technical.

Findings

SMEs and other minor players are generally “data poor,” lack energy managers, and have legacy meters that are read only annually or quarterly; some rent via leases that inhibit permanent alterations to the premises, including the meter.

Research limitations/implications

The research is exploratory and subject to self-selection bias. Further research is needed into: lease language, governance structures, social practices to facilitate cooperation between tenants and landlords; the scope for energy management positions in small organizations; low-cost “smart-er” meters that can be reversibly retrofitted onto existing energy meters; and the combination of these areas.

Practical implications

Organizations may need to augment a combination of legal, organizational, and technical infrastructures to enable better energy management.

Social implications

SMEs and other “minor” energy users are important to society and the economy, yet they are often overlooked by government programs. This developing data set can help policymakers include these groups in their programs.

Originality/value

This paper presents a new conceptual framework for future research and new empirical data on understudied groups.

Article
Publication date: 9 August 2011

Louise Ellison and Patrick Brown

The purpose of the paper is to establish a common framework for measuring and reporting sustainability for commercial property assets.

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Abstract

Purpose

The purpose of the paper is to establish a common framework for measuring and reporting sustainability for commercial property assets.

Design/methodology/approach

The paper is based on a review of a series of benchmarking tools and company reports plus workshop consultation with industry.

Findings

The paper produces an initial list of common metrics for the measurement and monitoring of key sustainability indicators for commercial property. The complexity presented by the heterogeneity of property assets is discussed and suggested means of normalising for particular buildings types is provided.

Research limitations/implications

The research draws largely from desk research of existing tools and company reports. It does not attempt to produce additional reporting methods, rather to draw on and simplify those already in place. The work is largely UK focused.

Practical implications

The work has significant practical implications in that it makes recommendations for a common approach to sustainability reporting at the building level for industry to adopt. This will aid decision making as it will enhance understanding of the sustainability performance of assets relative to their peer group whilst also supporting higher corporate‐level reporting and hence transparency.

Social implications

Greater clarity of reporting for commercial property would be beneficial in reducing the negative impacts of the asset class on the environment and on society.

Originality/value

The paper aims to provide clear guidance in what has become a crowded and complex area. This is of significant value to the sector.

Details

Journal of European Real Estate Research, vol. 4 no. 2
Type: Research Article
ISSN: 1753-9269

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Article
Publication date: 21 September 2015

Shanshan Bu, Geoffrey Shen, Chimay J. Anumba, Andy K.D. Wong and Xin Liang

This research paper is a literature review of the existing building retrofitting process. It proposes studying the functional, technical, and organizational issues of the green

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Abstract

Purpose

This research paper is a literature review of the existing building retrofitting process. It proposes studying the functional, technical, and organizational issues of the green retrofit process. The purpose of this paper is to expand the domain of design framework for retrofitting existing buildings.

Design/methodology/approach

The paper provides a review of the model-based design process from enrollment to evaluation stages representing the green retrofitting process in selected publications. The paper opted to review the Green Retrofit Design (GRD) process model for achieving a systematic design model of GRD development in the future.

Findings

Functional and maintenance issues are mainly for new buildings, also in the field for renovation and demolishing. Publications also show that environmental, social, and technical issues are often examined separately in the decision process of GRD. Papers in the facility management scale would concentrate more on organization/legal issues. Publications with questionnaire design are devoted to the usage on life-cycle assessment on existing building, but not yet on the stakeholder management and design process and related issues.

Social implications

The achievement of the study is to provide a new framework of design approach that is significant to the theoretical research, education, communication, and practical works in terms of GRD development.

Originality/value

The paper not only achieves a specific sequence of practical approaches, including awareness of problems, conceptual development, and design embodiment, to meet design objectives, but also conforms to academic practice-based research of creative design taking on GRD practice.

Details

Smart and Sustainable Built Environment, vol. 4 no. 2
Type: Research Article
ISSN: 2046-6099

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