MIPIM 2023 Digital Edition
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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