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mees ARCHIVE

Tag Archive for: mees

Architecture 1549029 1280

Potential £10bn rental bombshell just twelve months away

April 14, 2017/in News/by Jon Lovell
London – Friday 14 April 2017

Potential £10bn rental bombshell just twelve months away in buildings failing green standards

Research on the impact of new green standards has estimated the value of failing commercial property in England and Wales could be as much as £10bn in annual rents.

The estimate is based on data included in a major new report by global advisory, broking and solutions company Willis Towers Watson, which calls for radical policy measures to green the UK’s building stock.

Willis Towers Watson – Real Estate Climate Risk Report 2017

The report, to which Hillbreak was a principal contributor, contains research by big data firm DealX showing that nearly a fifth of commercial properties in England and Wales are currently failing the Minimum energy efficiency standards (MEES) due to come into force from April next year.

The research has found over 115,000 commercial buildings – 17.5 percent of those rated – in England and Wales have Energy Performance Certificates (EPC) rated F or G. Landlords will be forbidden from re-letting commercial buildings with EPCs below E from next April.

Analysis of the figures by property consultancy Daniel Watney LLP based on the EPC data and the new business rates valuations estimates that the equivalent annual rental value of F or G-rated commercial buildings could be as much as £10bn. Figures released by the Investment Property Forum last year estimated the annual 2015 value of UK commercial property rents to be £55bn.

The Willis Towers Watson Real Estate Climate Risk Report brings together major listed firms and high street names including British Land, Land Securities, Lendlease, NatWest and the John Lewis Partnership to examine how to best bring property up to standard and help the UK meet the targets enshrined in the Paris Agreement, the world’s

The listed firms say that while they can leverage their economies of scale and the latest technology to achieve substantial energy efficiency gains, the key challenge will be to get smaller businesses to green their buildings.

Recommendations in the report for greening real estate include:

  • Government funding for a mass retrofitting programme
  • Ratcheting up the minimum energy efficiency standard to an EPC D rating by 2020
  • The industry-wide adoption of Display Energy Certificates
  • Potentially combining DECs with science-based targets in future legislation to drive ongoing emissions reductions

The report also details the potential harm to real estate if action is not taken to limit climate risk, proposing tougher stress testing and increased translation of climate risk to balance sheets. Many firms are not adequately insured against extreme weather events, as seen in the wake of the UK’s 2015/16 winter floods, which caused £600m in uninsured damage.

Paul Chetwynd-Talbot, managing director of the real estate practice at Willis Towers Watson, said:

“Buildings create 40% of carbon emissions and the fact than one in five properties are falling short of standards is worrying. Investors – many of whom are pension funds – increasingly recognise the risks associated with climate change. But we need to see more affirmative action from Government to help retrofit older buildings and drive forward take up of renewable energy.”

Miles Keeping, co-founder and director of sustainability consultancy Hillbreak, said:

“It is of course impossible to identify the precise value of the total rents at risk due to MEES. But relying on rateable value data gives us a very tangible sense of the money landlords are putting at risk if they do not attend to their EPC-related risks appropriately and very soon.”

Martin Siegert, co-director of the Grantham Institute for Climate Change and the Environment at Imperial College London, said:

“The need to decarbonise our economy is critical. It is going to be a profound change: the developed world will need to have no net carbon emissions by 2050. Ending emissions from our electricity system, manufacturing, transport and supply chains will be challenging enough for our larger companies, but we will need all of our smaller companies to achieve this too.”

Sarah Cary, head of sustainable places at British Land, said: 

“Retrofitting old buildings on a mass scale requires a far more complex solution than simple tax incentives to replace boilers or windows. Retrofitting should be set as a priority for a national infrastructure programme.

“The benefits would be twofold: it would be a boon for job creation, and it would work wonders in helping reach energy goals.”

Paul King, managing director of sustainability at Lendlease Europe, said:

 “We need to make sustainability easier for everyone to engage with – both in terms of consumers and companies. An industry-wide agreement to have LCD screens on the front of every building showing real-time energy use would be more than welcome. Just as with the example of energy labelling on white goods, while it may not directly cause many consumers to switch from one business to another, the incentive to a CEO to avoid having a negative label compared with a competitor could generate real results in driving businesses to retrofit their buildings.”

Caroline Hill, head of sustainability at Land Securities, said:

“Changes in technology and the ability to access growing pools of data have allowed us to set increasingly ambitious commitments to reduce both energy intensity and emissions by 40% per square metre by 2030. If more leading businesses agreed to using 100% renewable power, this could provoke a serious step-change in how society approaches the challenges we face.

“Giving property owners a hard stop deadline to improve buildings or lose the right to rent them out has clearly had some positive effect. Ratcheting MEES so all buildings must be at least D grade by 2020 would provide the impetus for inefficient buildings to get the investment they need.”

Andrew McAllan, managing director of Oxford Properties Group and chairman of the Canadian Green Building Council, said: 

“Most ‘Tier 1’ companies – those with the greatest capital reserves and profits – are by and large already taking the necessary action on making their buildings greener and making more efficient use of energy. It’s that next level down of ‘Tier 2’ companies that need engaging and support. Mandatory reporting of energy consumption would be useful: what gets measured gets managed.

“The best sustainability strategies are built on a foundation of good data, and there are ways of bringing in these measures without making them onerous for smaller businesses. Once you have that compulsory recording in place, smaller businesses then see the easy efficiencies they can make on their utility costs. Combined with something like carbon pricing to add impetus to the need to invest in more efficient installations, that is how we can effect the change we need.”

Richard Garner, head of commercial agency at property consultancy Daniel Watney LLP, said: 

“As our research into the value of England and Wales’ F and G rated buildings shows, many investors in commercial property face a ticking timebomb with their properties being potentially unlettable from April next year – this is particularly the case in the office hotspots of Westminster, Kensington and the City, which have commercial space with a collective annual rental estimate of nearly £800m currently not up to standard.

All the evidence demonstrates that adding sustainable features to offices adds value and drives worker productivity and satisfaction, advantages that will serve landlords well over the long term.”

Jon Lovell, co-founder and director at sustainability consultancy Hillbreak, said:

“It is important that that the government clarifies some of the glaring gaps in the confusing regulations. Many large fund managers and REITs are on top of them, but we have a real concern for the long tail of smaller landlords, businesses and family trusts, who own a disproportionate amount of F&G rated properties and will suffer if they don’t get their acts together very quickly.”

— ENDS —

Contributors to the Willis Towers Watson Real Estate Climate Risk Report 2017 included Hillbreak, British Land, Land Securities, Lend Lease, Oxford Properties, John Lewis Partnership, Nattiest, Hermes Investment Management, Blackstock, Grantham Institute for Climate Change & the Environment and DealX.

 

For more information, please contact Blackstock Consulting / Tyron Wilson / tyron@blackstockpr.com / 07725 197364

Notes for editors

Daniel Watney LLP is not a contributor to the report, but their research on the value of F + G-rated property is based on the DealX data within the report. The rental estimates are based on the latest rateable values used to calculate business rates, calculated using the average rateable value in each local authority and the number of F + G-rated buildings in each district.

About Willis Towers Watson

Willis Towers Watson (NASDAQ: WLTW) is a leading global advisory, broking and solutions company that helps clients around the world turn risk into a path for growth. With roots dating to 1828, Willis Towers Watson has 40,000 employees serving more than 140 countries. We design and deliver solutions that manage risk, optimize benefits, cultivate talent, and expand the power of capital to protect and strengthen institutions and individuals. Our unique perspective allows us to see the critical intersections between talent, assets and ideas – the dynamic formula that drives business performance. Together, we unlock potential. Learn more at willistowerswatson.com.

About Hillbreak

Hillbreak is a unique training and advisory firm that helps organisations seeking competitive advantage in a changing urban world. Its mission is to expedite the transition to a sustainable policy, business and investment environment by bringing intelligence, challenge and inspiration to its clients and stakeholders. Please visit hillbreak.com for further information or follow us on Twitter, Facebook, and LinkedIn. 

https://www.hillbreak.com/wp-content/uploads/2017/03/architecture-1549029_1280.jpg 400 600 Jon Lovell https://www.hillbreak.com/wp-content/uploads/2021/02/hillbreak-green.png Jon Lovell2017-04-14 07:00:432017-04-16 19:54:40Potential £10bn rental bombshell just twelve months away

Hillbreak verdict on Government “MEES” guidance

March 3, 2017/in Insights/by Miles Keeping

The Government recently published its guidance to landlords on Minimum Energy Efficiency Standards for non-domestic property, a matter on which much confusion and uncertainty has prevailed. So, have the outstanding issues now been resolved, or do material unknowns continue to cast a headache for the real estate industry? Miles Keeping, who chaired the succession of commercial property groups which advised Government on the regulations, provides his comprehensive take on the new guidance.


Brief background

The Energy Act 2011 (the Act) introduced the concept of MEES in England & Wales.  As we know, this introduced a timetable to make unlawful the letting of privately rented property which failed to meet a minimum energy standard of efficiency.  In its wisdom, the government decided that energy efficiency should be measured by virtue of an Energy Performance Certificate (EPC) rating, and the minimum standard would be an E (on a scale of A (most efficient) to G).  The timetable is:

  • 1st April 2018      New non-domestic leases and lease renewals
  • 1st April 2020      All residential privately rented properties
  • 1st April 2023      All existing non-domestic leases

New guidance was issued by the government on 23rd February 2017.

Uncertainty & doubt

At the time of the publication of the Act, there was a deal of uncertainty as to whether subsequent regulations would actually be enacted – that it would all be too difficult to organise and that the necessary political will would fall away in response to business opposition. Indeed, at the time, there was seemingly a lot that needed to be arranged if regulations were to be forthcoming.  The then Department for Energy & Climate Change (DECC) reached out to the commercial and residential property sectors to ask how best to frame the regulations. I was asked the chair the commercial property group and, with significant support from Patrick Brown at the British Property Federation, populated the group with a range of environmental, commercial, legal and technical specialists. The group worked hard, efficiently and openly to support DECC officials.

The regulations (inconveniently named the “Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015”) arrived and, barring certain issues, were a decent attempt to incorporate a balance of policy intention and commercial practicality.  What was clear, however, was that guidance was certainly required in order to put some flesh on the bone in terms of how the regulations should be applied – to get Rumsfeld about it, there were definitely some unknowns, both known and unknown. Some of those concerns related to factors such as how the regulations might apply with regard to Listed Buildings, buildings with whole or partial EPCs and where voluntary EPCs had been registered. There was also confusion as to how MEES might be affected by other law, e.g. the 1954 Landlord & Tenant Act and would MEES apply to licences or just leases?

The commercial property sector reached out to government and offered to pen some guidance.  I again chaired the working group which delivered draft guidance to government, after which there was a long hiatus that inevitably refuelled the doubters into voicing opinions that the regulations wouldn’t be implemented. And then, last week, the guidance was published unheralded.

So what does this new guidance tell us that we didn’t already know?

Perhaps the key question to ask is whether the guidance addresses the known unknowns?  Well, it does a bit. Let’s have a look at issues settled by the guidance… and where some confusion still exists…

First to remember is that the guidance only covers the non-domestic property regulations; we’ll have to wait for the residential counterpart. Secondly, it only covers England & Wales, Scotland’s s.63 Regulations and Northern Ireland’s 2014 Energy Efficiency Regulations being quite different kettles of fishes.

“Sub-standard property”

The guidance sets out its stall early on by noting that a property which fails to meet MEES is to be known as “sub-standard property”. A small point perhaps, but it’s a phrase which would no doubt stick in the craw of most letting agents; how many landlords would want to go to market with sub-standard properties?

MEES relies on EPCs

Yes, I know you know that, but what some still perhaps don’t appreciate is that MEES only apply to properties where a valid EPC is in place for the property in question and that this has implications in the following situations:

  • Voluntary EPCs: Some buildings have EPCs which were commissioned for general asset management purposes (i.e. were not procured because they were legally required such as for a letting of a property). The guidance states that in such circumstances, the existence of a voluntary EPC will not trigger a MEES compliance requirement. Clearly, this will only be relevant at the 2023 trigger date.
  • Where whole building EPCs exist but only part of a building is being let: Some buildings, e.g. shopping centres, have EPCs to cover the whole asset as well as for individual units. In such cases, the guidance states that where a whole building EPC exists, only the property being let (e.g. a retail unit in a shopping centre) needs to be improved.
  • Listed Buildings: The guidance notes that there is a misconception that listed buildings or those in a conservation area do not require EPCs, because they do unless energy efficiency improvements would unacceptably alter their special character. This is a significant issue and many landlords have chosen to ignore MEES in listed buildings – more about this below.

MEES applies to lettings

I know you know that too, but what constitutes a letting?  The guidance is both clear and unhelpful when it states: “the PRS Regulations only apply to properties which are let under a tenancy, non-domestic properties which are occupied under other arrangements, for example properties let on licence, or ‘agreement for lease’ arrangements, are unlikely to be required to meet the minimum standard”. “Unlikely”… What makes it “unlikely”? We need to know whether marketing a property for occupation under a licence would trigger MEES or not? I think we can take it that licences are out of scope of MEES. But what about tenancies at will, for example? Again, our discussions with legal specialists suggest that these would also be out of scope, but a more definitive line from government on such matters would be welcome.

Other exemptions

Other exemptions from MEES exist and it had been thought that an exemption of any nature could negate any need to comply with MEES.  The guidance carefully explains that this is not the case – a thread running through various of the exemption categories is that exemptions must be considered as individual issues, rather than in blanket terms.  For example, if a suggested improvement measure to a building would have the effect of devaluing the property sufficiently to trigger that exemption, other measures which would not have that effect would have to be undertaken (provided no other exemption applied).  Whilst we’re on devaluation, the guidance makes it clear that claiming devaluation will be a rarity.

Another exemption exists when legally required third party consent to undertake improvements cannot be received, such as from a planning authority, superior landlord or tenant; some leases require landlords to obtain a tenant’s consent to undertake improvements within their demise.  In such circumstances, the guidance states that landlords must “make, and be able to demonstrate to enforcement authorities on request, ‘reasonable effort’ to seek consent” and thereafter register the exemption in that they “could not carry out the proposed improvements without the consent of the tenant or tenants of the property, and one or more of the tenants refused to give consent”.

Such an exemption would only be temporary, lasting for up to five years or until a tenancy change enabled a new tenant to be approached regarding the improvement.  A question which landlords would need to ask themselves is whether the lease provides for them to be able to enter the property to make improvements – presumably, if so, such an exemption would be negated.

Part 2 of the Landlord & Tenant Act 1954 provides security of tenure provisions to tenants at lease end.  The guidance is clear that sub-standard property status does not provide a complete exemption from MEES in such circumstances but does allow for a six months exemption from renewal for necessary works to be undertaken. Equally, landlords cannot refuse a renewal nor tenants prematurely terminate a lease because the property is sub-standard.

Landlords and tenants seeking to let or sublet sub-standard properties will need to be aware that whilst any measures which fail the seven year affordability payback test will not need to be undertaken (but registered as such, with three quotes from suppliers and calculations which prove that point) but any measures which do meet the affordability test will have to be undertaken. In other words, one expensive measure does not negate the need to undertake cheaper measures, so landlords will need to ensure they check all potential measures included in their energy assessor’s reports. Furthermore, assessors may suggest that measures which individually fail the affordability test be packaged together such that they then pass the affordability test. However, landlords are not required to install packages if they opt to install a discrete measure instead.

Registration of exemptions

All exemptions must be registered on the publicly available PRS exemptions register – importantly, this must be undertaken prior to an exemption being relied upon. It is also worth noting that should an affordability exemption be relied upon, its registration must be made before any price changes (e.g. in energy or potential improvement measures) have the effect of making potential measures affordable.

Those registering exemptions will need to provide evidence to support their view that an exemption is appropriate and in some cases this might be quite extensive.  For example, exemption from undertaking potential measures because they would fail the seven-year payback affordability test will require the submission of a spreadsheet of calculations for all suggested measures and quotations from three suppliers/installers with cost information to support the exemption case.

So where are we now?

The new guidance does give us some clarity relating to how MEES will need to be implemented but it also throws up some new uncertainty.  I feel certain, for example, that landlords with listed buildings will be rightly unsettled by the guidance which reminds us of the poorly drafted EPC regulation: It’s a nonsense, impractical and open to differing interpretations.  I’m also sure that the uncertainty in the guidance about licences being “unlikely” to be required to meet MEES will delight the legal profession but not landlords and tenants. There will no doubt be some confusion about which EPCs might be considered as “voluntary” and those relying on exemptions will perhaps be surprised by the amount of work which will have to be undertaken for these to be able to be relied upon.

What should landlords be doing?

Example of a Hillbreak dashboard highlighting F&G rated properties within an investment portfolio

As in most circumstances where there is uncertainty or doubt, landlords facing the prospect of MEES will be best placed if they can reduce the potential impact of uncertainties. In this regard, ensuring that they have as much relevant information as possible will be vital and to do that, landlords must review their portfolios with a view to understanding where there MEES risks lie at individual asset level.  Having high quality information is vital, as is drawing upon sufficient expertise to undertake risk-based thinking which accounts for EPC data in the context of factors such as rental income at risk due to lease events, lease types and provisions as well as forthcoming asset management activities.  Savvy landlords will also review their leases to better understand how they can provide protection of rental income from MEES risks.

Final thoughts

The MEES regulations rely upon EPCs which are not an ideal basis for such regulations given their all-too-frequent inadequacies. The blame for this can be spread far and wide but should in part land on those who procured EPCs very cheaply and got sub-standard results – they are now reaping what they sowed.  There is a role for landlords, the property industry generally and for government in dealing with inevitable mess:

  • Landlords must attend to the risks in their portfolios by procuring high quality advice and data reviews;
  • the property industry, principally professional and accreditation bodies, must ensure that EPC provision improves radically and quickly; and
  • the government must clarify outstanding and confusing issues with competent guidance, keeping an eagle eye on how MEES is rolled out.
https://www.hillbreak.com/wp-content/uploads/2017/03/building-1210022_1280.jpg 549 600 Miles Keeping https://www.hillbreak.com/wp-content/uploads/2021/02/hillbreak-green.png Miles Keeping2017-03-03 17:10:072017-03-24 12:02:43Hillbreak verdict on Government “MEES” guidance
Miles Keeping, Director, Hillbreak.

Addressing market failures in the building energy sector

May 30, 2016/in News/by Jon Lovell

Miles Keeping, co-Founder of Hillbreak, features in a new and detailed Property Week article on key limitations and failures in the building energy assessment market. The role of Energy Performance Certificates (EPCs), historically treated by many as merely an administrative licence to transact, has been brought into much sharper focus in the commercial and domestic real estate markets by the forthcoming Minimum Energy Efficiency Standards (MEES) regulations.

Miles comments on Hillbreak’s experience of advising clients in both transaction and portfolio risk management contexts, where examples of negligent energy assessments undertaken by third party assessors have been found. It’s a common problem in the market, the risk being for property owners that their Energy Performance Certificates will be challenged by potential purchasers and occupiers, leading to delayed deals and chipped prices. Assessors who issue inaccurate EPCs may also find that they face claims for damages arising from their negligence.

The article also announces that Keeping has been appointed to lead an industry group convened to provide the Department for Energy and Climate Change (DECC) with advice on additional guidance on EPCs and MEES, as well as to deliver training to civil servants in DECC and Department for Communities & Local Government.

 

 

https://www.hillbreak.com/wp-content/uploads/2016/05/miles_keeping.jpg 557 835 Jon Lovell https://www.hillbreak.com/wp-content/uploads/2021/02/hillbreak-green.png Jon Lovell2016-05-30 15:13:162016-06-10 07:34:40Addressing market failures in the building energy sector
Broadgate

Addressing Minimum Energy Efficiency Standards at British Land

April 12, 2016/in News/by Jon Lovell

Hillbreak has recently completed an assessment of British Land PLC policies and systems in relation to the Government’s Minimum Energy Efficiency Standards (“MEES”). The MEES Regulations will restrict the letting of properties which have poor energy performance ratings from 2018, and are a therefore a key issue to address for responsible landlords and their investors.

We conclude that the company is well prepared for the Regulations and has proactively managed potential risks to value, albeit that continued vigilance and proactive risk management is required. An overview of our findings are captured in this blog, published by British Land.

https://www.hillbreak.com/wp-content/uploads/2016/04/broadgate.jpg 600 800 Jon Lovell https://www.hillbreak.com/wp-content/uploads/2021/02/hillbreak-green.png Jon Lovell2016-04-12 17:48:482017-08-04 13:46:09Addressing Minimum Energy Efficiency Standards at British Land
Blur

Investor Briefing on Minimum Energy Efficiency Standards

March 30, 2016/in Insights, Resources/by Miles Keeping

Commercial Real Estate Investors need to ensure that their fund and asset managers are fully prepared to deal with the liabilities that will almost inevitably exist in relation to Minimum Energy Efficiency Standards, and that they have robust procedures in place to deal with these and any future risks. We’ve put this Briefing Note together to guide investors through the key elements and implications of the Regulations, and with the key questions they need to be asking of those mandated to manage their real estate allocations.

Hillbreak Investor Briefing On MEES (Sept 2015)

Hillbreak Investor Briefing On MEES (Sept 2015)

MEES Briefing Note For Investors

This is intended as a high-level and general introduction to the issues. Please contact us if you would like to discuss them in more detail. Hillbreak has helped a number of landlords to consider how factors such as lease type, lease events, tenants, income profiles and regulatory timetables present particular risks to their portfolios which could result in significant income loss, liquidity impacts or capital works being required.  With careful planning, Hillbreak has been able to minimise these types of risk with its clients.

https://www.hillbreak.com/wp-content/uploads/2015/09/blur.jpg 533 800 Miles Keeping https://www.hillbreak.com/wp-content/uploads/2021/02/hillbreak-green.png Miles Keeping2016-03-30 14:00:132016-05-06 11:26:25Investor Briefing on Minimum Energy Efficiency Standards
Glazing

Sloppiness & Misinformation on Energy Standards

February 13, 2016/in Insights/by Jon Lovell

Property Week has published an article in which Jon Lovell warns of the need for higher professional standards in dealing with building energy performance, particularly in light of Minimum Energy Efficiency Standards regulations.

http://www.propertyweek.com/…/sloppiness-an…/5079151.article

https://www.hillbreak.com/wp-content/uploads/2016/04/glazing.jpg 484 800 Jon Lovell https://www.hillbreak.com/wp-content/uploads/2021/02/hillbreak-green.png Jon Lovell2016-02-13 10:05:452016-05-06 10:56:57Sloppiness & Misinformation on Energy Standards
Building Reflection

Miles Keeping featured in Langham Hall MEES article

October 7, 2015/in Insights/by Miles Keeping

Hillbreak Director, Miles Keeping, is featured in a new article on the Langham Hall site: MEES, Myself & I: Our take on the Minimum Energy Efficiency Standards, by Langham Hall’s Head of Real Estate, Rachael Lyon.

Read the full article on the Langham Hall site.

https://www.hillbreak.com/wp-content/uploads/2015/10/building-reflection.jpg 640 960 Miles Keeping https://www.hillbreak.com/wp-content/uploads/2021/02/hillbreak-green.png Miles Keeping2015-10-07 10:37:252016-05-06 10:49:34Miles Keeping featured in Langham Hall MEES article

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