Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
Green Leases". They may cover such topics as waste disposal or the avoidance of
volatile organic chemicals in cleaning materials. The leases may include incentive and penalty clauses based on agreed upon service and energy performance levels which may affect the rent or be considered as improvements or dilapidations on termination of the tenancy. 4.4.4. The Australian Government has published a series of model green lease sched- ules for different types of tenancy, requiring the tenant to operate the property efficiently and extract the greatest environmental benefit from it in ways such as using the most efficient equipment, fittings, lights and heating systems with an Energy Management Plan and a framework for reporting and auditing subject to penalties. Precedents are now available in other jurisdictions, such as the United Kingdom. They may make provision for a range of subjects to be addressed between the landlord and the tenant including: • The landlord providing the tenant with a handbook to energy and environmental operation of the property; • Energy efficiency targets — maintaining and improving EPC ratings with any failure exposing the party responsible to financial penalties; • If the landlord fails to meet agreed commitments to improve energy efficiency there may be rent rebates; • The tenant is to ensure that energy consumption is efficient and provide the landlord with full data on energy and water use; • The landlord and the tenant produce Energy and Sustainability Perfor- mance Reports; • Alterations which materially reduce the environmental performance of the property may be prohibited absolutely; • As the tenant may be the best person to make alterations to improve the en- vironmental efficiency of the property, there can be provisions allowing him to leave them at the end of the lease with the landlord waiving dilapidations on them; • A reduction in the EPC rating may be considered a dilapidation; 214 III. Valuation and Sustainability European Valuation Standards 2020 • Service charges — where a property has several tenants the landlord may reserve the power to weight and re-weight the service charge to reflect the tenants' relative environmental performance which can then be a comparable factor at a rent review; • A property with several occupiers may have a sustainability management com- mittee including the landlord. 4.4.5. Where considering a green lease, it is prudent to make a record of condition using an energy and environmental audit to establish a baseline from which to judge the issues and commitments of the lease. 5. Valuation and sustainability 5.1. A valuer can only provide an opinion of value on the basis of evidence, reflecting the experience of the marketplace. That opinion cannot state that something should have a value or that a current value might not be sustained in the future, just that it has a value assessed from a judgment of the available data. That opinion is to be so supported and prepared so that, within the limits of the available evidence, the client can rely on it for the purpose for which the valuation was instructed. 5.2. There can be no general rule as to any typical pattern of premiums or discounts accounting for environmental issues. Even where such issues are significant in the marketplace, much will turn on factors such as the state of the market, transpar- ency of information, location, sector, exposure to environmental risk in the region, and consumer awareness. Ultimately, within any regulatory framework these are issues of supply and demand and so may be influenced by changes in the patterns of demand by businesses, investors and, beyond them, consumers. 5.3. Markets may in time differentiate between the values of properties on environ- mental grounds. Thus, it may be that highly energy-efficient buildings with low energy consumption or properties with a recognised green certification may begin to attract an additional value in some markets. While this may apply for a while, it may then be that as the market begins to expect such standards or regu- lation requires them, that premium is replaced by a discount for other properties. Such changes will be phenomena of the market place and there cannot be any general rule for the impact of these issues on property values, rents and yields. 5.4. The issues on which the concept of sustainability focuses may or may not be rel- evant to that opinion, according to the nature of the asset, the relevant circum- European Valuation Standards 2020 III. Valuation and Sustainability 215 stances and the behaviour of prospective buyers. Thus, their relevance may turn on several factors including the extent to which the issues: • Are not externalities but relevant to the price someone will pay; • Are of interest as incentives or deterrents to buyers. In essence, it is a question of how far the evidence shows that a willing, knowl- edgeable and prudent bidder will take them into account when considering the price or rent of a property. Corporate buyers of commercial property may view these issues in a different way from someone buying a house to live in. 5.5. This may also be influenced by market circumstances. Where there is a strong market with a limited supply of buildings, the market may not particularly distin- guish between properties on sustainability grounds. However, as these issues come to matter to buyers and occupiers and as more properties meeting recog- nised sustainability criteria are available, so the market may differentiate on this point, perhaps especially when market sentiment is weak. 5.6. There may be particular classes of bidders to whom sustainability issues may be more important. Most obviously these will include those for whom the ethical aspects matter more, whether out of personal conviction or under the rules of a specific investment fund. Some may be temperamentally interested in innovation — "early adopters" or see it as giving them a commercial advantage. 5.7. Others may see them as criteria relevant to potential future movements in values. They may think that properties meeting particular standards are more likely to rise in value or that properties failing to meet them are at greater risk of stand- ing at a discount to a future market. Only the future will prove whether they were right or wrong, whether about the future reactions of markets or the specific cri- teria they have selected. Where such purchasers have chosen the right criteria and markets prove to move as they expect, then they may outperform the general market whether by buying advantageous properties or selling ones at greater risk from environmental factors. Markets may, of course, move in unforeseen direc- tions or regard other factors as relevant. The story of sustainability has seen the emphasis move between particular issues over time, with climate change related concerns now more likely to be dominant. 216 III. Valuation and Sustainability European Valuation Standards 2020 5.8. One way of analysing this behaviour is to observe that those parties are approach- ing their decisions on the basis of Investment Value Download 1.74 Mb. Do'stlaringiz bilan baham: |
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