Please enable JavaScript.
Coggle requires JavaScript to display documents.
Calgary 2023 Reporting M'App - Coggle Diagram
Calgary 2023 Reporting M'App
1. Pre-Deal issues
[1. For the Landlord]
2. For the Tenant
1. Considerations for the property
[1. Must you own/control the building]
[2. Must you control the estate/campus?]
2. Considerations for your neighbours
[1. Must you control your neighbours]
[2. Must you be able to influence who your neighbours are]
3. Considerations for the surrounding area
[1. Transport]
[2. The neighbourhood]
[3. Specify anything else in notes]
2. Process for agreeing terms
1. Are there any issues to address before you start
[1. Do you need a board decision]
[2. Specify anything in notes]
2. How would you negotiate
[4. Will you go straight to legals and skip heads of terms?]
1. Will you formally request proposals (RFP)?
[Marked up RFP]
[Heads of terms]
[Number of stages]
[Competition (for scoring transparency etc.]
3. Will you go straight to heads of terms?
[1. Will you negotiate most of the heads and then go to legals?]
[2. Will you negotiate all of the heads and start the legals?]
[3. Will you negotiate the legals at the same time as the heads?]
[4. Specify anything else in notes]
2. Do you have a more structured tender process?
[1. If so specify in the notes]
6. Financial and Compensation
1. Financial
3. "RENT" INCENTIVES
Rent review
[Paywall]
[Or go to Lease?]
Rent review pattern
Non-traditional
[Dispose together]
[Rating]
[Review together]
[Alterations and connectivity]
Market
Traditional
[See Lease rent reviews]
Building or deal specifics
[Pre-agreed (rent review) specifications]
[Comparables]
[Individual floors/special tenant]
[Other]
Pre-agreed
[Caps]
[Collars]
[Indexed]
[Fixed]
Rent level
[Starting rent level]
[Phased during term]
[Phased to building/estate occupancy]
Phased to other amenities becoming available
[Paywall]
Rent free
[How long is it]
What triggers it
1. Delivery of the space
[1. On early access]
[2. On practical completion]
[3. Specify other trigger in notes]
2. Lease completion triggers
[1. Completion of the lease]
[2. Delivery of any other documents which are not a pre-condition to lease completion]
3. Other trigger events
[Specify these in notes]
Are you commuting into a payment
[Are you commuting it on signing the agreement]
[Can you commute it at a later date]
Service charge free
[Specify period in THE notes]
Insurance charge free
[Specify period in the notes]
2. Tenant requirements
1. Monetary contributions
Works contribution (paywall)
[CAT A payment]
[Floor boxes]
[Carpets/coverings]
[Other]
Pure monetary incentives (paywall)
[Payments]
[Rent foregone elsewhere]
[Other]
2. Non-monetary contributions
[Developer to take existing/other space]
[Deliver something additional]
[Other]
1. Landlord requirements
[Other]
Bank guarantee
[Which bank]
[Relevance of underlying facility]
[Renewal fee (annual)?]
[(Incremental) release]
Letter of credit
[Which bank]
[Relevance of underlying facility]
[Renewal fee (annual)?]
[(INCREMENTAL) RELEASE]
Guarantor
[3. Is there a cap on liability?]
1. Performance/financial
[1. Is it performance?]
[2. Is it financial?]
[3. Is it both?]
2. Enforcement
[1. Prohibited jurisdictions]
[2. Enforceable jurisdictions]
Rent deposit
[Tenant money]
[Landlord money]
[Interest]
[Rent "+" other sums]
Release date]
[VAT]
Tenant covenant status
On assignment to subsequent tenant
[Same tests?]
[Ratings (or "equivalence") test]
At the start
[Net asset value paywall?]
Net profits paywall?
[GAAP]
[EBITDA]
[EBITDA+]
4. TAX ISSUES
[Grant funding]
Tax
[SDLT]
[Corporation]
[CGT]
[Allowances]
VAT
[Opted to tax]
[Not opted to tax]
[Disapplication]
3. Space requirements
1. What type of space
[1. Are you taking all of the building]
[2. Are you taking part of the building]
2. Naming the space
[1. Will the Tenant have naming rights?]
[2. Will the Landlord have naming rights?]
[3. Will neither party have naming rights?]
4. Must both parties collaborate to name the building
[1. Must the decision be made before the start of the lease]
[2. Must the decision be made after the lease starts]
5. Are there any constraints on the name?
[1. Does the fire service have the final say?]
[2. Does Royal Mail have the final say?]
[3. Is there any issue around advertising?]
3. Taking more space
[1. Can you elect to take more space before practical completion]
[2. Can you elect to take more space after practical completion]
4. Taking less space
[1. Can you elect to take less space before practical completion]
[2. Can you elect to take less space after practical completion]
5. Accesses to the building
[1. Do you have your own access]
[2. Is your access multi-tenanted]
6. Receptions
[2. Multi-tenant desks operated by Tenant]
[3. Multi-tenant desk operated by Landlord]
[4. Reception protocol]
1. Sole desks
[1. as long as a substantial occupier]
[2. regardless of occupation size]
7. Staircases
[4. Technical issues in a staircase protocol]
1. Who pays
1. for accommodating them
[1. Developer/Landlord]
[2. Tenant]
2. for installing them
[1. Developer/Landlord]
[2. Tenant]
2. Where are they going
[1. Pre-determined holes]
[2. Holes in an area]
3. When must the decision be made to install them
[1. Calendar date]
[2. A point in time in the program]
8. Entrances
[1. Sole entrance]
[2. Multi-tenant entrance]
[3. Entrance protocol]
4. Parties and Property
1. Parties
1. Contracting parties
[3. Funder]
1. Landlord/Developer
[4. Are the development obligations personal?]
1. Covenant status of the original Landlord/Developer
[1. Covenant status checked and fine]
2. Covenant status not fine
[1. Is it being guaranteed]
2. Is there additional security
[Specify additional security in notes]
2. Can the Landlord/Developer assign during the development
[1. Are you controlling its corporate ownership]
[2. Are you controlling its ability to dispose or assign]
3. Where is the Developer/Landlord incorporated
1. Is it a jurisdiction with satisfactory provenance
[Specify your provenance concerns in notes]
2. Is it a jurisdiction without satisfactory provenance
[Specify your provenance concerns in notes]
2. Tenant
[2. Changes to the Tenant]
1. Original Tenant
[1. Is the Tenant ok on its own]
2. Does it need security
[1. Guarantor for the Tenant]
[2. Other security for the Tenant]
2. Other parties
[1. Planning authority]
[2. Grant authority]
[3. Specify any other relevant parties in notes]
3. Assignment by parties
[1. Seller]
[2. Buyer]
[3. Developer]
[4. Development Lessee]
2. Property
5. Included items
[1. Tenant's fixtures]
[2. Trade fixtures]
[3. Other - specify in notes above]
3. Freehold/leasehold
[1. Is it a freehold]
[2. Is it a leasehold]
[3. Is it a sale of part of the leasehold]
1. Sale of whole
2. Does it adjoin other premises?
[1. Are there party walls?]
[5. What utilities are there?]
[4. Is site coverage relevant?]
[3. HOW IS IT SERVICED?]
[2. Does it have parking?]
1. Is it a stand alone building?
[1. Are there party walls?]
[5. What utilities are there?]
[4. Is site coverage relevant?]
[3. HOW IS IT SERVICED?]
[2. Does it have parking?]
3. Is it a flying freehold
[Specify in notes if you have one]
4. Excluded items
[1. Tenant's fixtures]
[2. Trade fixtures]
[3. Specify other in notes]
2. Sale of part
[1. Are there new rights to be reserved]
[2. Are there new rights to be granted]
4. Rights in favour of the property
[2. Does the property have the benefit of a transfer restriction]
[3. Specify new rights in notes]
1. What existing rights are there?
[1. Rights of light]
[2. Rights of way]
[3. Party walls]
[4. Utilities]
[5. Specify other rights in notes]
3. Restrictions/burdens over the property
[3. Specify new restrictions/burdens in notes]
1. What existing restrictions/burdens are there?
[1. Rights of light]
[2. Rights of way]
[3. Party walls]
[4. Utilities]
[5. Specify other rights in notes]
2. Do these restrict a disposal of the property?
[1. If so, must a transfer be registered]
[2. Is there doubt as to whether a transfer can be registered]
5. Site inspection
[1. Anything arising from the actual site inspection]
[2. Anything arising from street view site inspection]
6. Title indemnity
[2. Is one needed]
3. Who is paying for it?
[1. Seller]
[2. Buyer]
[3. Specify other arrangement in notes]
1. Is there one
[1. Who is the insurer]
[2. What is the sum covered]
[3. Does it cover all the consequences of breach]
[4. Specify anything else in notes]
7. What stage are you at?
[1. Just an aspiration - no scheme]
[2. General scheme to be worked up]
[3. Development established but no planning consent]
[4. Outline/detailed/other planning consent achieved]
[5. Designed to accommodate the planning outcome]
[6. Building contract tender]
[7. Start on site]
[8. Midway through construction]
[9. Practical completion achieved]
[10. IS IT A COMPLETED INVESTMENT?]
5. Conditions Precedent
[4. Funding/viability]
[5. Other pre-lets]
1. Planning consent
5. Satisfactory or not
1. Process to decide if consent is satisfactory
[Developer tells Tenant]
[Tenants confirms or not]
[Developer sends copy permission]
[Deemed consent?]
Does the resolution trigger the process or the actual granted consent
[Two stages: resolution and then the grant]
[Or just grant or consent]
[Planning agreements]
2. Challenge (if consent is not satisfactory
[How long to challenge]
[Decision to fight]
[Costs]
[Consequences for the agreement e.g. all time periods in agreement suspend]
3. Disputes
[Expert to decide]
[Or someone else?]
4. Reasonable consent or absolute
1. Reasonable
[1. Reasonable opinion of the consenting party]
[2. Objective standard for reasonableness]
2. Absolute discretion
[1. Specify if someone has absolute consent in notes]
1. Pre-agreed issues
[Anything else (reasonably) "unsatisfactory"]
Other pre-agreed issues
[Existing consent]
Other known issues
[Known "problems"
[Known solutions]
Pre-agreed onerous conditions (paywall?)
[Landlord's onerous condition]
[Tenant's onerous condition]
[Neutral onerous condition]
3. Involvement in the application process
[Tenant agrees to assist applicant]
[Tenant agrees not to object]
[Joint application]
Developer application
[Notify key events e.g. meetings]
[Notify the decision]
[Strength of obligation]
Developer to supply information
[Materially]
[Everything]
[Correspondence]
[Nothing]
6. Challenges/appeals
[Non-determination]
[Call-in]
Appeal
[Tenant right]
Dispute resolution
[Chances of success]
[Other deciding factors]
[Who decides chances of success?]
Developer right
[Unilateral]
[Linked to other factors]
[Cost]
Judicial review
If challenge starts
[Withdraw and start again]
[Fight the challenge]
Time limit for a challenge
[6 weeks from decision date]
Plus x weeks for service
[2]
[3]
[4]
[Please insert other in notes above]
4. Milestones
[2. To agree the planning application]
[3. To submit the planning application]
[1. To have pre-app meeting]
[4. To get a resolution to grant]
[5. To get a decision]
[6. To agree it is satisfactory]
[8. To fight a challenge]
[7. To allow an appeal]
[9. Specify anything else in notes]
2. Planning application
1. Pre-agreed form
[2. Attach it to the agreement]
2. To be agreed
[1. No control/involvement for tenant]
3. Tenant to agree acting reasonably
[Disputes]
2. Work up with tenant's involvement and consent
[Worked up with consent/comments from Tenant as work up evolves]
[Worked up by the Developer. Informed by the Tenant. One-off consent at the end]
[Somewhere between the two]
Can it be subsequently amended
[1. "set in stone" so no changes]
2. Tenant to have involvement
[2. No control/involvement for tenant]
1. To be agreed
1. Tenant to agree acting reasonably
[Disputes]
2. Work up with tenant's involvement and consent
[Worked up with consent/comments from Tenant as work up evolves]
[Worked up by the Developer. Informed by the Tenant. One-off consent at the end]
[Somewhere between the two]
2. Site issues
[1. Site acquisition]
[5. Demolition]
2. Site survey
1. What type
[2. Building condition]
[3. Access and highways]
[4. Specify anything else in notes]
1. Ground conditions
[1. Topographical survey]
[2. Environmental survey]
2. Who obtains it
[1. Seller]
[2. Buyer]
3. Who pays for it
[1. Seller]
[2. Buyer]
4. Vacant possession
[Definition of vacant possession]
Process
[Who obtains it]
[Physically clear]
[Who pays for it]
Not physically clear so right to remove
[New land eviction arrangements]
[Break clauses or removal rights in existing leases or easements]
Substance
[Owner/occupiers on site]
[Visible rights and restruction]
[Owner/occupiers not on site]
[Non-visible rights and restruction]
3. Site infrastructure
Roads
[Agreement to construct (adopted) road]
[Agreement to construct (unadopted road]
[Completion of the road]
Utilities
Water/clean drainage
[Agreement to construct (adopted)]
[Agreement to construct]
[Agreement or practical completion]
Telecoms
[Agreement to construct (adopted)]
[Agreement to construct]
[Agreement or practical completion]
Foul drainage
[Agreement to construct (adopted)]
[Agreement to construct (unadopted)]
[Agreement or practical completion]
Power
[Agreement to supply in place]
[Construction power supply in place]
[Power supply for completed development actually in place]
6. Site infrastructure
1. Roads
[1. Agreement to construct (adopted) road]
[2. Agreement to construct (unadopted road]
[3. Completion of the road]
[4. Is this a CP or a PC item?]
2. Utilities
4. Water/clean drainage
[1. Agreement to supply]
[2. Supply in place already]
[3. Is this a CP or a PC item?]
Supply in place already
[1. Construction]
[2. Supply for the completed development]
3. Telecoms
[1. See Leasing M'App for detail]
[2. Is this a CP or a PC item?]
1. Foul drainage
[1. Agreement to construct (adopted)]
[2. Agreement to construct (unadopted)]
[3. Is this a CP or a PC item?]
2. Power
[1. Agreement to supply]
[3. Is this a CP or a PC item?]
2. Supply in place
[1. Construction power]
[2. Supply for the completed development]
7. Timing
[1. Target Dates]
[2. Longstop Dates]
[3. Can you extend the Target Date?]
[4. Can you extend the Longstop Date?]
8. Unconditionality/waiver
1. Waiving any conditions
1. What CPs can developer can waive
[1. None]
[2. List them in the notes]
2. Seller can waive
[1. None]
[2. List them in the notes]
3. Buyer can waive
[1. None]
[2. List them in the notes]
4. Development lessee can waive
[1. None]
[2. List them in the notes]
2. Unconditionality
[1. Automatic]
[2. Notice needs to be served?]
3. Building contract
[1. Building contract let]
2. Start on site
[1. Planning definition]
[2. More detailed?]
8. Developing the space
4. How designed is the space
[2. At unconditionality]
[3. At the time of letting the building contract]
1. At signing the agreement
1. To be worked up
1. Are you working up from a signing specification
1. Is it to a design sufficient to submit a planning permission
1. Planning application signed off by Tenant?
[Does it get dispute resolved]
[Does it not get dispute resolved]
2. Planning application not signed off by Tenant?
[Does it get dispute resolved]
[Does it not get dispute resolved]
2. Is it to a design sufficient to let a building contract
1. Is the design signed off by the Tenant
[Does it get dispute resolved]
[Does it not get dispute resolved]
2. Is the design not signed off by the Tenant
[Does it get dispute resolved]
[Does it not get dispute resolved]
3. Typical RIBA Design Stages
[1. Design Stage 2]
[2. Design Stage 2+]
[3. Design Stage 3]
[4. Design Stage 3+]
[5. Design Stage 4]
6. Other stages or combinations?
[Specify other stage or combination in notes]
3. Issues to consider on working up
1. Some example issues
[1. Building maintenance systems]
[2. Cladding]
[3. Glazing]
[4. Greenery]
[5. Cycle and showering facility]
[6. Lift requirements]
[7. Lobby and entrance areas]
[8. Riser positions]
9. Is there anything else?
[Specify anything else in notes]
2. Quality issues
[1. Do you need to specify the actual design]
[2. Do you need to specify the actual materials]
3. Do you need to specify the quality of the materials
[1. Are you specifying the performance]
2. Examples of performance characteristics
[1. How quickly do lift doors close]
[2. What is the water pressure from the taps]
[3. How easily can light switches be switched on/off]
[4. How easy is it to operate blinds]
3. Amenity and functionality issues
[1. Do you specify how the area works]
[2. Do you specify how the area works in conjunction with adjoining space]
4. Look and feel issues
[1. What does the area look like]
[2. What will the area feel like]
[3. How will light affect the area]
4. Are there any other look and feel issues?
[Specify other look and feel issues in notes]
2. Are you working up from something else
[1. Specify in notes what you are working up from]
2. Is the specification fully designed?
[1. Planning permission already granted]
[2. Planning permission needed for the design]
4. At the time of delivery
3. For offices
1. For leisure property
[Specify how you do this in notes]
2. For retail property
[Specify how you do this in notes]
4. For sheds and distribution centres
[Specify how you do this in notes]
7. Technical issues
1. Example specified areas
[1. Building maintenance systems]
[2. Cladding]
[3. Glazing]
[4. Greenery]
[5. Cycle and showering facility]
[6. Lift requirements]
[7. Lobby and entrance areas]
[8. Riser positions]
[9. Specify anything else in notes]
2. Quality of the items
[1. Specify design]
[2. Specify quality of materials]
[3. Specify materials themselves]
4. Performance characteristics
[1. Are these to be specified]
2. Examples
[1. How quickly lift doors close]
[2. Water flows from taps]
[3. Light switches which easily switch on/off]
[4. Blinds that easily open/close (bespoke fit-out)]
3. Amenity and functionality of the areas
[1. How does the area work]
[2. How does the area work in conjunction with other space]
4. Aesthetics
[1. Look of the area]
[2. Feel of the area]
[3. Use of light]
[4. Specify other issues in notes]
5. Design evolution
[1. Iterative evolution of the specification]
[2. Not a variation to what is intended]
[3. Will it be governed by a design protocol?]
5. Will design stages be signed off?
[1. No]
1. No
[1. The Landlord decides]
[2. Is there dispute resolution?]
2. Yes
[1. Tenant signs off]
[2. Landlord signs off]
[3. Disputes to an independent third party]
4. Is it by reference to a RIBA Design Stage
[1. Design Stage 1]
[6. Design Stage 5]
2. Design Stage 2
[1. Conceptual design]
[2. Typically before significant planning application work is done]
3. Design Stage 3
[Typically around planning application submission time]
4. Design Stage 3+/enhanced
[1. Once you know what planning you have got]
[2. Building contract tender stage]
5. Design Stage 4
[Technical design]
8. Who pays the cost to work it up?
[1. the Developer]
[2. the Fund]
[3. the Tenant]
6. Design change
1. Click here to go to "can the space be varied"
5. What finished condition is the space available in
[2. Retail]
[3. Sheds]
[4. Leisure]
1. Offices
[6. CAT B "enhanced"]
[9. Operational/turnkey]
[7. FF&E]
3. Shell and "more"
[2. Shell and floor]
[1. Shell and ceilings]
3. Shell and ?
[Specify the "?" in the notes]
2. Shell and Core
[Issues around Shell & Core]
Elements of Shell and Core
[Substructure]
[Frame/façade]
[Services/utilities]
8. Sustainability/green credentials
[LEED]
[BREEAM]
[SKA]
[LES-TER]
[NABERS]
1. Serviced site
[Services]
["Estate"]
["Foundation platform"]
[Lots of others]
4. CAT A
[2. Are there any bespoke elements]
1. Elements of CAT A
[Suspended ceilings]
[Blinds]
[Raised floors]
Air conditioning systems
[Fan coil]
[Chilled beam]
["Open windows"]
[Other]
3. Who does the CAT A work?
[1. Are sub-contractors separately insured]
[2. Are they insured on the Landlord's policy automatically]
5. CAT B
[2. Are there any bespoke elements]
1. Elements of CAT B
[3. Finishes]
[1. Internal walls, panels etc.]
[2. Small power systems]
3. Who does the CAT B work?
[1. Are sub-contractors separately insured]
[2. Are they insured on the Landlord's policy automatically]
2. How much space is available
[Target areas minimum/maximum]
Take more space
Contractual options to take space
Contractual right to negotiate
[This is just an agreement to agree]
Contractual right to call based on pre-agreed price and terms
[If so, paywall]
Right of first offer (ROFO)
[Landlord to consult (not binding)]
Landlord to make an offer (binding)
[Accept]
[Refuse]
[Something else (paywall?)]
Pre-emption
[Landlord to consult]
First look
[Paywall]
Last look
[Paywall]
Take less space
[Before lease starts]
After lease starts
[Break clauses]
1. What is the space's function
[1. The demise]
[4. Other amenities]
[3. The estate]
2. The building
[Look and feel]
[Materials]
[Cycle spaces]
[BMS control]
[Environmental performance]
[Floor plates shape and connectivity]
Occupational density
[Workstations]
[Staff]
[Amenities]
[Lifts]
3. When is the space available
Early access: right
Process for taking access
[Notice period]
Contractor
Different contractor
[More concerns]
Same contractor
[Less concerns]
Working arrangements
[Specify dual working]
[Trust]
[Mixture of two]
Triggers
[Developer discretion]
[Objective "generally ready" type obligation]
Access standard specified in advance
Developer specifies
[Dispute resolved/acting reasonably]
Tenant specifies
[Dispute resolved/acting reasonably]
Timing for access
[Calendar date]
[Period in advance of practical completion]
[When developer says so]
[Consequences of delays/paywall]
[Not before dates]
Excluded time periods
Easter/Christmas
[Delay]
[Take and do not pay (yet)]
[Termination]
School holidays
[Delay]
[Take and do not pay (yet)]
[Termination]
Not before dates
[Delay]
[Take and do not pay (yet)]
[Termination]
Early access: no right
[No right (i.e. it is at the Developer's discretion]
Practical completion
Time periods
[Paywall]
Advance notice of practical completion
[Simple notice]
[Practical completion inspection notice]
Advance notice of practical completion inspection
[Complex process]
[Simple advance notice]
7. Measuring the space
1. Measurement issues
1. When is the space measured
1. Earlier triggers
[2. Access for fitting-out]
[1. Setting out the outer walls]
[3. Specify other timing in notes]
2. Later triggers
[1. Phased or staged completion]
[2. Completion of whole]
3. Technical issues
3. Size: Metrics
[2. Metres]
[1. Feet]
2. Size: Codes of measurement
[1. RICS]
[2. IPMS]
[3. RICS and IPMS]
[4. Specify other code in notes]
1. Size: What area is to be measured
[1. Gross external]
[2. Gross internal]
[3. Net internal]
[4. Specify other in notes]
2. Who measures the space
[Plowman Craven!]
[Other firms are available]
2. Required size
[1. Specify maximum in notes]
[2. Specify minimum area in notes]
[3. Specify target area in notes]
4. Tolerances
[1. Tolerance around target area]
[2. Tolerance around maximum area]
[3. Tolerance around minimum area]
3. Required shape
[1. Floor plate sizes]
[3. Obstructions]
[2. Clearance/turning areas]
[4. Specify any other shape issues in notes]
4. Consequences: no termination
[Minimum]
[Target area]
[Maximum]
Outside tolerance
Too big
[Cap on initial rent]
[And at rent reviews?]
[Cap on other sums?]
Too small
[Chance to rectify]
[Chance to terminate]
Within tolerance
[Based on actual size]
[Capped at target area]
5. Consequences: termination
[How quickly?]
[Compensation if it happens?]
6. Can the space be varied
1. By the Landlord
1. Types of variation
[2. Variations to the plans and specifications]
1. Variations to the works
External appearance
[of the Building]
[of the visible Common Parts]
[of the Entrance/Access]
[of the Estate]
Operating systems
In the Building
[Mechanical]
[Electrical]
[Climate control]
[Ventilation]
[Safety]
[Sanitary]
In the Space being demised
[Mechanical]
[Electrical]
[Climate control]
[Ventilation]
[Safety]
[Sanitary]
Substituting materials
[Equal or better]
[If not "available"]
Common Parts
[In the Building]
[In the Estate]
Value
[of the Space]
[of the Building]
[of the Estate]
Quality
[of the Space]
[of the Building]
[of the Estate]
Statutory requirements
[Consultation]
[Mitigation]
Wholly unrelated changes
[Interior of other space]
[Not "directly" relevant]
[Some areas need to remain with the Landlord?]
Size
[Allowable range]
[Minimum size]
[Configuration]
[Maximum size]
["Critical dimensions"]
2. Consent
2. With Tenant's discretionary consent
[Anything which isn't reasonable consent]
Examples of discretionary consent
[Reduces the space below x% of target]
[Changes any critical/required dimensions]
[Reduces the performance of any materials]
[Requires a new planning consent]
[Means a delay of more than x]
[Affects the external appearance]
[Affects the structural integrity]
[Project specific "must haves"]
1. With Tenant's reasonable consent
[Anything which isn't discretionary consent]
Examples of discretionary consent
[Alternative at least equivalent materials]
[Anything immaterial]
[Where required by a statutory authority]
3. Without Tenant's consent
[1. Anything which does not require discretionary consent; and/or]
[2. Anything which does not require reasonable consent; and/or]
3. Examples of variations not needing consent
[Alternative at least equivalent materials]
[Anything immaterial]
[Where required by a statutory authority]
3. Cost
[1. At the Landlord's cost]
[2. Tenant to pay its own costs]
3. Process to vary
[Advance notice]
[Consider Tenant's representation]
[Explain decision]
[(Mitigate the need to vary, if relevant]
2. By the Tenant
[To the works whilst in progress]
To plans/specifications before work starts
Prohibited Tenant's variations
[Requires a new planning consent]
[Value]
[Quality]
[Affects structural integrity]
[Delays program (or affects sequencing)]
[Operating systems]
Allowable Tenant's variations
[Or can Tenant just request it?]
Can Tenant require the variation?
Reasonable consent
[Leave silent]
[Specify criteria/why Developer might refuse]
If consent is granted
[Submit the Tenant's request for pricing]
[Instruct designers to work up Tenant's request]
[Confirm quality protection arrangements]
[Landlord to instruct the variation]
No consent needed
[Submit the Tenant's request for pricing]
[Instruct designers to work up Tenant's request]
[Confirm quality protection arrangements]
[Landlord to instruct the variation]
Pricing Response
[Tenant accepts]
[Tenant rejects]
[Tenant negotiates]
Process
[Disputes]
[Quality protection]
Landlord's response
[Reasonable consent required]
[Landlord to instruct the variation]
Tenant's request
When can request be made
[Before Planning Application]
[Before Design Stage]
[Before Unconditionality]
[Before Works Commencing]
[Before Programme Milestones]
[X months before Programmed Practical Completion]
What request must contain
Be specific
[Specify what it contains]
[Specify form/label the request]
Leave it generic
[Generically say "enough information"]
[Any other information (reasonably) required]
Cost
[Other arrangements]
Tenant to pay
[Processing the request]
Designing the variation
[Price for the work to design what the Tenant wants]
[Price for the actual works if implemented]
Carrying out the variation
[In advance]
[As it progresses]
[At the end]
[When it is calculated]
The cost
[of processing the request]
[of carrying out the variation]
[of designing the variation]
Consequential
[Mitigation]
General
[Losses]
[Costs]
[Flow from the carrying out the variation]
Specific
[Program]
[Sequencing]
[Extra cost]
[Economic/loss of profit]
Economic/not loss of profit
[Holding costs]
[Delay to rent commencement]
[Other]
8. RIBA Design Stages
[1. Design Stage 1]
[6. Design Stage 5]
2. Design Stage 2
[1. Conceptual design]
[2. Typically before significant planning application work is done]
3. Design Stage 3
[Typically around planning application submission time]
4. Design Stage 3+/enhanced
[1. Once you know what planning you have got]
[2. Building contract tender stage]
5. Design Stage 4
[Technical design]
9. Taking less space to taking more space
[See development leasing space issues]
7. Timing
[2. Longstop dates for events to occur]
1. Target dates for events to occur
Before unconditionality
[Insert ANY in notes above]
After unconditionality
Before works start
[1. Vacant Possession]
[2. Rights of light]
[3. Site acquisition]
[4. Pre-commencement planning condition]
[5. Demolition]
[6. Quality Protection Documents]
[7. Any remaining conditions precedent?]
[8. Insert deal specific issues in notes]
After works start
[1. Quality Protection Documents]
[2. Milestone program events]
[3. Early access]
[4. Practical Completion]
3. Extensions of time
Trigger events
[Tenant's delay]
[Other events]
Construction/professional team termination
[Insolvency]
[Breach]
Force majeure
[Fire]
[Flood]
[War]
[Riot/civil unrest]
[Adverse weather]
[Labour shortages]
[Materials shortages]
[Infrastructure/fuel blockages]
Period of delay
[As certified]
[Dispute resolution]
[Concurrent period]
[Consecutive period]
Process
[1. Just notified by the Developer]
[2. Certified by the Consultant]
[3. Dispute resolution now]
[4. Dispute resolved later]
Control over events
[Beyond Landlord's control]
[Not reasonably foreseeable]
4. Non-extendable dates
[1. Longstop date for building]
[2. Calendar dates for delivery]
[3. Specify other in notes above]
5. What if the space is delivered late
Tenant not obliged to take space
[No consequences and either party can terminate]
Consequences
But does take space
[Rent free delayed]
[Pre-agreed losses/LAD's (paywall)]
[Other losses (paywall)]
Other losses (paywall)
[(Legal) contractually proveable losses]
[LADS]
Tenant obliged to take space
[No consequences]
Consequences
[Pre-agreed losses/LADS (paywall)]
[Other losses]
[Rent free delayed]
6. What if the space is delivered early
1. "WHAT DOES "EARLY" MEAN?
[1. Specify the date that is must not be before in notes]
2. What happens?
[1. Termination]
2. NO TERMINATION BUT THERE ARE CONSEQUENCES
[1. Practical completion cannot occur]
[2. Lease completion cannot occur]
[3. Event free/rent start does not occur]
[4. Other payments do not become due]
[5. Can the tenant occupy]
9. Lease elements