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Progress of Best Practice Leasing: BETTER BUILDINGS PARTNERSHIP LEASING INDEX RESULTS SYDNEY CBD hosted by © 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 1

Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

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Page 1: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

Progress of

Best Practice Leasing:BETTER BUILDINGS PARTNERSHIP LEASING INDEX RESULTSSYDNEY CBD

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© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 1

Page 2: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

ACKNOWLEDGMENTS

The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research. The Partnership acknowledges the contribution of its members and the external stakeholders involved.

Cite this presentation as:Dawson, B., Bailey, E. and Thomas, B. (2014, December 9). Progress of Best Practice Leasing: Better Buildings Partnership Leasing Index Results Sydney CBD. Research presented at the BBP Progress of Best Practice Leasing Evening by Sparke Helmore Lawyers, Sydney, NSW.

Prepared by:Tenant Technical Working Group

© Better Buildings Partnership 2014

The material in this publication is made available by the Better Buildings Partnership as an information guide only.

For more information, visit

http://betterbuildingspartnership.com.au

Beck DawsonChair, Tenant Working Group (2013 - )Better Buildings Partnership

General Manager, Corporate SustainabilityInvesta Property Group

In particular, the Partnership acknowledges and thanks Wayne Kaplan, Grant Parker and Claire Hashman of Sparke Helmore Lawyers for their expertise and work on the BBP Model Lease Clauses.

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 2

Page 3: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

16 major property companies and owners

5 leading property management companies

4 industry / government bodies

70% emissions reduction commitment

10,000+ industry professionals engaged100+ industry commercial leasing leaders consulted

8 stakeholder groups considered

20+ best practice resources collated / created

26 model lease clauses published

BBP and BEST PRACTICE LEASINGB

BP

Leas

ing

Wo

rk

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 3

Page 4: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

WHY BOTHER

Unlock upgrade activity in existing buildings

Increase tenant engagement

Encourage environmental accountability

Potential benefits:• productivity

• amenity

• outgoings

• effective rents

• improved asset value

• improved retention

• corporate social responsibility

• risk management

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 4

Page 5: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

THE OPPORTUNITY

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 5

Base building performance has found a market expectation of best practice of 4 Star NABERS Energy and above.

src: Building Energy Efficiency Register (BEER), Commonwealth of Australia Department of Industry 2013

Page 6: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

THE OPPORTUNITY

Source: Building Energy Efficiency Register (BEER), Commonwealth of Australia Department of Industry 2013

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 6

Despite base building improvements, tenant-controlled lighting still lags, with 79 per cent of NLPD not rated Excellent and over two-thirds of lighting controls rated Basic.

src: Building Energy Efficiency Register (BEER), Commonwealth of Australia Department of Industry 2013

Page 7: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

1. collect existing industry best practice

2. identify issues and missing links

3. fill the gaps

4. sense-check with industry

5. deliver practical tools

6. build the evidence base

INCLUSIVE PROCESS - PRACTICAL OUTCOMES

✓ betterbuildingspartnership.com.au/leasing >

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 7

Page 8: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

FILL THE GAPSOngoing managementConsideration Site selection

Heads of agrmnt & lease

Fitout design & construction

betterbuildingspartnership.com.au/leasing >

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 8

Page 9: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

MODEL LEASE CLAUSES

• Sample clauses with clear explanations

• Anticipates possible concerns and provides strategies to de-risk

• Flexible structure

• Variable commitment levels (must/reasonable endeavours)

• Unbiased, neutral draftingdeveloped by

betterbuildingspartnership.com.au/clauses >

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 9

Page 10: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

MODEL LEASE CLAUSES

betterbuildingspartnership.com.au/clauses >

developed by

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 10

Page 11: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

EMPOWERING TENANTS

Tools to engage tenants

Market signals

Working with sector leaders to embed great practice in standard operations

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 11

Page 12: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

Better Buildings Partnership

Leasing Index:

THE STATE OF OFFICE LEASING IN SYDNEY CBD

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 12

Page 13: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

THE STATE OF OFFICE LEASING IN SYDNEY

62%

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 13

Over 62% of all leases signed in FY13 and FY14 included best practice leasing.

src: BBP Leasing Index - Sydney CBD, 2014.

Page 14: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

BBP LEASING INDEX SCOPE

• Global first study• Sampling over 500 commercial office

leases across Sydney CBD• Testing alignment with the BBP Model

Lease Clauses (industry-recognised standard)

• Representative in 6 key segments:

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 14

Building Quality

Tenancy Size

<1000 sqm1000 -5000 sqm

>5000 sqm

Non-prime PrimeSmall Medium Large Definition of Sydney CBD

Page 15: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

Size segment Internal floor area non-prime

Internal floor area prime

Total

SMALL< 1,000 sqm

1,037,550(21.4%)

269,852(5.6%)

1,307,401

MEDIUM1,000 – 5,000 sqm

559,696(11.5%)

618,735(12.7%)

1,178,431

LARGE> 5,000 sqm

969,031(19.9%)

1,404,684(28.9%)

2,373,715

TOTAL 2,566,277 2,293,270 4,859,547

POPULATION OVERVIEW

Segment size weighted by proportion of floorspace. Commercial office tenants defined as all tenants above ground floor in buildings with <45% space use dedicated to commercial office.Src: City of Sydney Floorspace and Employment Survey 2012

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 15

Sydney CBD Commercial Office Tenants (7036 tenants - 4.86million sqm)Non-Prime Tenants (52.8% by floorspace) Prime Tenants (47.2% by floorspace)

Non-Prime Small (>1000sqm)

21.4%

Non-Prime Large (<5000sqm)

19.9%

Non-Prime Medium (1000-

5000sqm) 11.5%

Prime Large (<5000sqm)

28.9%

Prime Medium

(1000-5000sqm) 12.7%

Prime Small (>1000sqm)

21.4%

Large tenants in prime buildings account for nearly 30% of all floorspace, followed by a large number of small and large tenants in non-prime buildings (over 20% of floorspace).

src: BBP Leasing Index - Sydney CBD, 2014.

Page 16: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

LEASE ANALYSIS

Clause Breadth(CB)

Clause Strength(CS)

Model Lease Score (MLS)

The number of topics (BBP

Model Lease Clauses)

covered within the lease

Example15 clauses were deemed included

of the 22 clauses possible, so the

CB is calculated by taking;

(15 / 22) x 100 = 68 (of 100)

The binding nature of the

best practice lease clauses in

the lease

Example5 clauses were deemed binding (or

triggering dispute resolution) of

the 22 clauses possible, so the CS is

calculated by taking;

(5 / 22) x 100 = 23 (of 100)

The average of the Clause

Strength and Clause Breadth

ExampleThe two aspects CB and CS are

averaged, so the MLS is calculated

by taking;

(68 + 23) / 2 = 46 (of 100)

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 16

Page 17: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: All LeasesWeighted Average

pre-FY09FY09 & FY10

FY11 & FY12 FY13 & FY14

Clause Breadth 11.6 2.6 12.3 15.7 27.1

Clause Strength 3.2 1.5 2.7 1.5 5.1

Model Lease Score 7.0 2.0 7.5 8.6 15.6

Market Uptake (Inclusion of best practice)

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 17

Market uptake of best practice leasing is at an all-time high, with standard practice now over ten times the rate seen in pre-FY08.

src: BBP Leasing Index - Sydney CBD, 2014.

Page 18: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: Performance Over Time

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 18

Reporting in 2 year increments ending FY14.

Market uptake of best practice leasing is at an all-time high, with standard practice including best practice leasing now more than ten times the rate seen in pre-FY08.

src: BBP Leasing Index - Sydney CBD, 2014.

Page 19: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: Prime Building LeasesWeighted Ave (all leases)

FY13 & FY14

Clause Breadth 20.5 43.6

Clause Strength 3 4.3

Model Lease Score 11.7 23.9

Market Uptake

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 19

Over 80 per cent of leases in prime buildings have best practice leasing. Standard practice leases now include nearly half of the BBP Model Lease Clauses (44%).

Medium-sized tenants in prime buildings lead the market in best practice.

src: BBP Leasing Index - Sydney CBD, 2014.

Page 20: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: Categories and Priorities

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 20

Scale indicates average percent of clauses used in a relevant category.

Tenants and landlords prefer action-oriented best practice leasing - clauses that can reduce consumption, measure according to established standards and enable better cooperation and asset management.

src: BBP Leasing Index - Sydney CBD, 2014.

Page 21: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: Categories and Priorities

preliminary results - 26 Aug 2014© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 21

Scale indicates average percent of clauses used in a relevant category.

Large tenants in non-prime buildings, outperforming large tenants in prime buildings. This influence could be from government tenants.

src: BBP Leasing Index - Sydney CBD, 2014.

Page 22: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: Categories and Priorities

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 22

Nearly a quarter of all leases in Sydney CBD use a NABERS clause. 20 per cent of all leases use clauses on sharing information, environmental sustainability and waste reduction.

src: BBP Leasing Index - Sydney CBD, 2014.

Page 23: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

MODEL LEASE CLAUSES

betterbuildingspartnership.com.au/clauses >

developed by

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 23

Page 24: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: Categories and Priorities

preliminary results - 26 Aug 2014© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 24

Tenants and landlords prefer action-oriented best practice leasing - clauses that can reduce consumption, measure according to established standards and enable better cooperation and asset management.

src: BBP Leasing Index - Sydney CBD, 2014.

Scale indicates percent of leases using the relevant clause.

Page 25: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: Categories and Priorities

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 25

NABERS

Info

Energy

Metering

NABERS

Waste

Enviro

Prime buildings have much better performance in information sharing than non-prime.

Prime buildings have expanded their focuses to waste and water management more than non-prime.

src: BBP Leasing Index - Sydney CBD, 2014.

Scale indicates percent of leases using the relevant clause.

Page 26: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

RESULTS: Industry

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 26

Government has taken an early and leading role in the implementation of best practice leasing, but IT/Telecom tenants are fast-gaining traction.

src: BBP Leasing Index - Sydney CBD, 2014.

Page 27: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

SUMMARY AND NEXT STEPS

Don’t miss the bus!

A wide breadth of priorities is standard:

The leaders are not where you would think:

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 27

betterbuildingspartnership.com.au/leasing >

Nearly two-thirds of leases include some best practice leasing

Nearly half of the BBP Model Lease Clauses are used in an average prime building lease

Medium-sized and IT/Telecom tenants show the best performance and momentum

The tools are available…NOW for market transformation

Page 28: Progress Best Practice Leasing...ACKNOWLEDGMENTS The Better Buildings Partnership’s work on best practice leasing comes from three years of extensive industry consultation and research

© 2014 Better Buildings Partnership - all rights reserved betterbuildingspartnership.com.au 28

Prepared by:Tenant Technical Working Group

© Better Buildings Partnership 2014

The material in this publication is made available by the Better Buildings Partnership as an information guide only.

For more information, visit

http://betterbuildingspartnership.com.au

Cite this presentation as:Dawson, B., Bailey, E. and Thomas, B. (2014, December). Progress of Best Practice Leasing: Better Buildings Partnership Leasing Index Results Sydney CBD. Research presented at the BBP Progress of Best Practice Leasing Evening by Sparke Helmore Lawyers, Sydney, NSW.