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Investing in Austria<br />

„Among our owners and<br />

customers, the topic of<br />

certification is becoming<br />

increasingly relevant.“<br />

Markus Huber,<br />

CC Real<br />

„Certificates are too<br />

building-specific and<br />

need a wider scope.“<br />

Nadja Hafez,<br />

Adeqat<br />

„Our customers are private<br />

investors. A certificate<br />

according to ÖGNI is completely<br />

irrelevant to them.“<br />

Peter Karl,<br />

Erste Immo KAG<br />

significantly more difficult in existing residential<br />

construction.“ Erste Bank is committed<br />

to „green“ new financing, she said. Large<br />

projects have also been certified in the past.<br />

Hauer also advocates standardization: „Standardization<br />

would make many things easier.“<br />

Are certificates too building-specific?<br />

„Certificates are too building-specific and<br />

need a wider scope,“ Hafez brings a new<br />

aspect into the discussion. ESG issues will<br />

increasingly factor into valuations. „We are<br />

at the beginning of the discussion,“ notes<br />

Anna Schimmer, an attorney at PwC Legal,<br />

„What is sustainable is, after all, very much in<br />

flux. What is green or considered sustainable<br />

today may be judged differently tomorrow.“<br />

All certificates have one shortcoming, and<br />

that is they lag behind technical developments.<br />

Nödl comments, „This is inevitably<br />

the case. Technical developments quickly<br />

overtake regulations. Ö or DIN standards, EU<br />

standards - everywhere the regulations are<br />

not up to date.“<br />

„The many different certificates lead to a considerable<br />

amount of consulting expenses,“<br />

says Schimmer. „There are details about EU<br />

taxonomy compliance, cost/benefit assessments,<br />

and investment as well as the improvement<br />

requirements.“ Increasingly, green<br />

leases are also being discussed but rarely concluded.<br />

After all, how could non-sustainable<br />

use be sanctioned? Schimmer sees mainly<br />

positive incentives here. „It‘s about creating<br />

incentives.“<br />

Pressure is increasing<br />

“The practice in contract drafting clearly<br />

shows that negative consequences for violating<br />

any specifications in that direction find<br />

virtually no consensus. This often results in<br />

failed deals, because many negotiating parties<br />

say. I will rent something else which is<br />

cheaper or where I do not have this contractual<br />

penalty or negative consequences. With<br />

rental agreements, it is generally difficult to<br />

establish sanctions,” the PwC legal expert<br />

continues. Many leases already contain a<br />

variety of contractual penalties that hardly<br />

have any effect. Generating grounds for termination<br />

from this is difficult.” “International<br />

corporations that I have had the privilege<br />

of assisting nevertheless stringently enforce<br />

this,” Kerbl notes. “There is actually an understanding<br />

of ESG within the group, and it<br />

is included in every contract. We’ve had more<br />

than one discussion with tenants, and one<br />

or two lease negotiations have broken down<br />

because the tenant said, ‘I’m not interested in<br />

working on your future ESG concepts out of<br />

the blue.<br />

For Hafez, at least, it’s clear that there will be<br />

more pressure to comply in the future. “The<br />

question at the end of the day will always be:<br />

Who pays for it? Who pays the consequen-<br />

ces or the certification? Who pays for the<br />

investments needed to obtain certification,”<br />

concludes Nödl.<br />

Do certificates have an expiration date?<br />

“Whether certificates are the end of the line<br />

is not yet clear. Perhaps we will see relevant<br />

monitoring instead. The only clear thing is<br />

that the topic of sustainability will continue<br />

to accompany us,” says Roman Eisenmagen,<br />

Head of Commercial Housing at Erste Bank,<br />

summing up the fundamental tone of Table<br />

D quite well. For example, Stephan Pasquali,<br />

Managing Director of New Construction at<br />

3SI Immogroup, also considers it possible<br />

that certificates could be replaced by another<br />

monitoring tool. Currently, certificates<br />

are still the best standard recognized on the<br />

market.<br />

However, the certification process, especially<br />

for smaller companies that do not employ<br />

their own experts, definitely involves some<br />

effort, Pasquali added. “But if the cooperation<br />

with the auditors works, then you also get<br />

constructive input - for example, regarding<br />

sustainable design options,” he suggests.<br />

Why do certificates, as they are currently<br />

known, have an expiration date? Wolfgang<br />

Fessl, managing director and partner Reinberg<br />

& Partner Immobilienberatung, believes<br />

that they will be obsolete in the foreseeable<br />

future for one reason and will have to be re-<br />

32 ImmoFokus

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