Pub Date : 2015-04-10DOI: 10.1108/IJLBE-01-2014-0004
C. Hatcher
Purpose – This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper argues that studies on law and geography should consider the broader processes of state “law making” to understand the production of illegal space. Design/methodology/approach – The liminal boundary of illegal/legal and its relation with the state is developed through a case study on the legalisation process of a “squatter” settlement located on the outskirts of Bishkek, the capital of Kyrgyzstan. The paper draws on primary qualitative research (semi-structured interviews) and legal analysis undertaken in Kyrgyzstan at various times over seven months between 2011 and 2013. Findings – Examining law as static and pre-existing is problematic in developing an understanding of the production of illegal and legal spaces within the built environment. An emphasis on law-making and the process of legalisation draws attention to th...
{"title":"Illegal geographies of the state: the legalisation of a “squatter” settlement in Bishkek, Kyrgyzstan","authors":"C. Hatcher","doi":"10.1108/IJLBE-01-2014-0004","DOIUrl":"https://doi.org/10.1108/IJLBE-01-2014-0004","url":null,"abstract":"Purpose – This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper argues that studies on law and geography should consider the broader processes of state “law making” to understand the production of illegal space. Design/methodology/approach – The liminal boundary of illegal/legal and its relation with the state is developed through a case study on the legalisation process of a “squatter” settlement located on the outskirts of Bishkek, the capital of Kyrgyzstan. The paper draws on primary qualitative research (semi-structured interviews) and legal analysis undertaken in Kyrgyzstan at various times over seven months between 2011 and 2013. Findings – Examining law as static and pre-existing is problematic in developing an understanding of the production of illegal and legal spaces within the built environment. An emphasis on law-making and the process of legalisation draws attention to th...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127843158","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-04-10DOI: 10.1108/IJLBE-01-2014-0005
Kate Parizeau, Josh Lepawsky
Purpose – This paper aims to investigate by what means and to what ends waste, its materiality and its symbolic meanings are legally regulated in built environments. Design/methodology/approach – The authors investigate the entanglement of law and the built environment through an analysis of waste-related legal case studies in the Canadian context. They investigate a notable Supreme Court case and three examples of Canadian cities’ by-laws and municipal regulations (particularly regarding informal recycling practices). They mobilize what Valverde calls the work of jurisdiction in their analysis. Findings – The authors argue that the regulation of waste and wasting behaviours is meant to discipline relationships between citizens and governments in the built environment (e.g. mitigating nuisance, facilitating service provision and public health, making individuals more visible and legible in the eyes of the law and controlling and capturing material flows). They find that jurisdiction is used as a flexible ...
{"title":"Legal orderings of waste in built spaces","authors":"Kate Parizeau, Josh Lepawsky","doi":"10.1108/IJLBE-01-2014-0005","DOIUrl":"https://doi.org/10.1108/IJLBE-01-2014-0005","url":null,"abstract":"Purpose – This paper aims to investigate by what means and to what ends waste, its materiality and its symbolic meanings are legally regulated in built environments. Design/methodology/approach – The authors investigate the entanglement of law and the built environment through an analysis of waste-related legal case studies in the Canadian context. They investigate a notable Supreme Court case and three examples of Canadian cities’ by-laws and municipal regulations (particularly regarding informal recycling practices). They mobilize what Valverde calls the work of jurisdiction in their analysis. Findings – The authors argue that the regulation of waste and wasting behaviours is meant to discipline relationships between citizens and governments in the built environment (e.g. mitigating nuisance, facilitating service provision and public health, making individuals more visible and legible in the eyes of the law and controlling and capturing material flows). They find that jurisdiction is used as a flexible ...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"31 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113955011","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-04-10DOI: 10.1108/IJLBE-01-2014-0001
Philip Hubbard
Purpose – This paper aims to explore how municipal law, in its various guises, serves to police the boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues (SEVs) in British cities are controlled through diverse techniques of licensing and planning control. Design/methodology/approach – The paper describes the emergence of permissive new licensing controls that provide local authorities considerable control over SEVs. Licensing decisions, judicial review cases and planning inspectorate adjudications since the inception of the new powers are examined to explore the logic of judgements preventing SEVs operating in specific localities. Findings – Through analysis of case studies, it is shown that local authorities have almost total discretion to prevent SEVs operating in specific localities, particularly those undergoing, or anticipated to be undergoing, redevelopment and regeneration. Originality/value – This paper offers unique insights on the “scope” of municipal law by highlighting how land uses associated with “sexual minority” interests are regulated in the interests of urban regeneration, redevelopment and restructuring.
{"title":"Law, sex and the city: regulating sexual entertainment venues in England and Wales","authors":"Philip Hubbard","doi":"10.1108/IJLBE-01-2014-0001","DOIUrl":"https://doi.org/10.1108/IJLBE-01-2014-0001","url":null,"abstract":"Purpose – This paper aims to explore how municipal law, in its various guises, serves to police the boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues (SEVs) in British cities are controlled through diverse techniques of licensing and planning control. Design/methodology/approach – The paper describes the emergence of permissive new licensing controls that provide local authorities considerable control over SEVs. Licensing decisions, judicial review cases and planning inspectorate adjudications since the inception of the new powers are examined to explore the logic of judgements preventing SEVs operating in specific localities. Findings – Through analysis of case studies, it is shown that local authorities have almost total discretion to prevent SEVs operating in specific localities, particularly those undergoing, or anticipated to be undergoing, redevelopment and regeneration. Originality/value – This paper offers unique insights on the “scope” of municipal law by highlighting how land uses associated with “sexual minority” interests are regulated in the interests of urban regeneration, redevelopment and restructuring.","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132069345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-04-10DOI: 10.1108/IJLBE-10-2014-0030
Luke Bennett, A. Layard
{"title":"There are eight million stories in The Naked City","authors":"Luke Bennett, A. Layard","doi":"10.1108/IJLBE-10-2014-0030","DOIUrl":"https://doi.org/10.1108/IJLBE-10-2014-0030","url":null,"abstract":"","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115107543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-04-10DOI: 10.1108/IJLBE-01-2014-0007
Stuart Hodkinson, C. Essen
Purpose – This paper aims to ground Harvey’s (2003) top-down theory of “accumulation by dispossession” in the everyday lives of people and places with specific focus on the role of law. It does this by drawing upon the lived experiences of residents on a public housing estate in England (UK) undergoing regeneration and gentrification through the Private Finance Initiative (PFI). Design/methodology/approach – Members of the residents association on the Myatts Field North estate, London, were engaged as action research partners, working with the researchers to collect empirical data through surveys of their neighbours, organising community events and being formally interviewed themselves. Their experiential knowledge was supplemented with an extensive review of all associated policy, planning, legal and contractual documentation, some of which was disclosed in response to requests made under the Freedom of Information Act 2000. Findings – Three specific forms of place-based dispossession were identified: th...
目的-本文旨在将Harvey(2003)自上而下的“剥夺积累”理论应用于人们和地方的日常生活，并特别关注法律的作用。通过私人融资倡议(PFI)，它借鉴了英格兰(英国)正在进行再生和中产阶级化的公共住宅小区居民的生活经验。设计/方法/方法——伦敦Myatts Field North地产的居民协会成员作为行动研究伙伴，与研究人员合作，通过对邻居的调查收集经验数据，组织社区活动，并对自己进行正式采访。他们对所有相关政策、规划、法律和合同文件进行了广泛审查，补充了他们的经验知识，其中一些文件是根据2000年《信息自由法》提出的要求披露的。发现-确定了三种特定形式的基于地点的剥夺:…
{"title":"Grounding accumulation by dispossession in everyday life: The unjust geographies of urban regeneration under the Private Finance Initiative","authors":"Stuart Hodkinson, C. Essen","doi":"10.1108/IJLBE-01-2014-0007","DOIUrl":"https://doi.org/10.1108/IJLBE-01-2014-0007","url":null,"abstract":"Purpose – This paper aims to ground Harvey’s (2003) top-down theory of “accumulation by dispossession” in the everyday lives of people and places with specific focus on the role of law. It does this by drawing upon the lived experiences of residents on a public housing estate in England (UK) undergoing regeneration and gentrification through the Private Finance Initiative (PFI). Design/methodology/approach – Members of the residents association on the Myatts Field North estate, London, were engaged as action research partners, working with the researchers to collect empirical data through surveys of their neighbours, organising community events and being formally interviewed themselves. Their experiential knowledge was supplemented with an extensive review of all associated policy, planning, legal and contractual documentation, some of which was disclosed in response to requests made under the Freedom of Information Act 2000. Findings – Three specific forms of place-based dispossession were identified: th...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131103391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-10-23DOI: 10.1108/IJLBE-09-2013-0036
Julian Sidoli del Ceno
Purpose – This purpose of this paper is to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary. Design/methodology/approach – This paper seeks to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary. Findings – This paper argues that the worries concerning compulsory mediation are unnecessary as they are based on a narrow reading of Article 6 rights, one not shared by many European lawyers, in particular the view taken by them with regards to proportionality. It further argues that compulsory mediation can be an appropriate, proportionate method of dispute resolution in some cases recognising that mediation is not a bar per se to subsequent litigation. Originality/value – Mediation is an important topic in contemporary law. The theoretical and jurisprudential aspects of mediation have as yet been underdeveloped. This paper is a contribution to this developing debate.
{"title":"Compulsory mediation: civil justice, human rights and proportionality","authors":"Julian Sidoli del Ceno","doi":"10.1108/IJLBE-09-2013-0036","DOIUrl":"https://doi.org/10.1108/IJLBE-09-2013-0036","url":null,"abstract":"Purpose \u0000 \u0000 \u0000 \u0000– This purpose of this paper is to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary. \u0000 \u0000 \u0000 \u0000 \u0000Design/methodology/approach \u0000 \u0000 \u0000 \u0000– This paper seeks to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary. \u0000 \u0000 \u0000 \u0000 \u0000Findings \u0000 \u0000 \u0000 \u0000– This paper argues that the worries concerning compulsory mediation are unnecessary as they are based on a narrow reading of Article 6 rights, one not shared by many European lawyers, in particular the view taken by them with regards to proportionality. It further argues that compulsory mediation can be an appropriate, proportionate method of dispute resolution in some cases recognising that mediation is not a bar per se to subsequent litigation. \u0000 \u0000 \u0000 \u0000 \u0000Originality/value \u0000 \u0000 \u0000 \u0000– Mediation is an important topic in contemporary law. The theoretical and jurisprudential aspects of mediation have as yet been underdeveloped. This paper is a contribution to this developing debate.","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131859014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-10-23DOI: 10.1108/IJLBE-02-2013-0004
J. Charlson, R. Baldwin, Jamie Harrison
Purpose – The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjudicators’ may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that, by allowing oral contracts to be decided through adjudication, there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Adjudicators may now have to determine the exact nature of oral agreements...
{"title":"Early perceptions of allowing adjudication of oral contracts","authors":"J. Charlson, R. Baldwin, Jamie Harrison","doi":"10.1108/IJLBE-02-2013-0004","DOIUrl":"https://doi.org/10.1108/IJLBE-02-2013-0004","url":null,"abstract":"Purpose – The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjudicators’ may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that, by allowing oral contracts to be decided through adjudication, there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Adjudicators may now have to determine the exact nature of oral agreements...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"392 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134064210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-10-23DOI: 10.1108/IJLBE-02-2013-0005
S. Fox
Purpose – The purpose of this paper is to review the extensive case law in England and Wales on contractually binding letters of intent. The research focused on discovering whether the limits commonly found in binding letters of intent were upheld by the courts and so were effective in practice. It also reviews whether these limits are, as presumed by drafters, sufficient to act as incentives to the parties to conclude the full contract. The paper uses case law to analyse and evaluate the legal and business efficacy of these limits and incentives. It considers the rationale for such limits and incentives before drawing its conclusions and making recommendations. Design/methodology/approach – The paper draws on cases in England and Wales to analyse the judicial interpretation of binding letters of intent. The author has adopted a black letter approach to this subject by focusing almost exclusively on primary sources. As there is no relevant legislation in England and Wales, the primary sources are case law...
{"title":"Incentives and limits in letters of intent: are they worth the paper they’re written on?","authors":"S. Fox","doi":"10.1108/IJLBE-02-2013-0005","DOIUrl":"https://doi.org/10.1108/IJLBE-02-2013-0005","url":null,"abstract":"Purpose – The purpose of this paper is to review the extensive case law in England and Wales on contractually binding letters of intent. The research focused on discovering whether the limits commonly found in binding letters of intent were upheld by the courts and so were effective in practice. It also reviews whether these limits are, as presumed by drafters, sufficient to act as incentives to the parties to conclude the full contract. The paper uses case law to analyse and evaluate the legal and business efficacy of these limits and incentives. It considers the rationale for such limits and incentives before drawing its conclusions and making recommendations. Design/methodology/approach – The paper draws on cases in England and Wales to analyse the judicial interpretation of binding letters of intent. The author has adopted a black letter approach to this subject by focusing almost exclusively on primary sources. As there is no relevant legislation in England and Wales, the primary sources are case law...","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"388 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121250115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-10-23DOI: 10.1108/IJLBE-08-2013-0031
C. D. Silva
Purpose – The purpose of this paper is to consider perennial issues in the education of chartered surveyors and to use the debates and experiences of the past to inform the present and future, particularly the question of the balance between academic and practical training. Design/methodology/approach – Primary and secondary sources were used to establish a history of the growth of the profession and the development of formal education and assessment from the 19th century and to consider current issues with reference to wider theories of education. Findings – The profession grew from vocational roots and did not enjoy the centuries of status of, say, the law. The 19th century saw an increasing technicalisation and professionalisation of surveying, with developments in various strands of the discipline, from the rural land agents to construction and public housing specialists. The muted reception from the universities in recognising the discipline is instructive. Looking at the relationship between classroom education and apprenticeship and what is needed in the preliminary education and assessment of surveyors holds contemporary lessons as increasing university fees has prompted renewed review of the most economical ways of training, while maintaining rigour. Originality/value – There have been histories of surveying and of the Royal Institution of Chartered Surveyors, but this paper relates the past to the present. Its value is in highlighting the tension between the practical and academic, allowing current debates to benefit from earlier discussions and longitudinal experience of different models of education. This paves the way for a wider consideration of experiential learning theory to be applied to a fundamental review of surveying education.
{"title":"Educating the chartered surveyor: looking back to look forward","authors":"C. D. Silva","doi":"10.1108/IJLBE-08-2013-0031","DOIUrl":"https://doi.org/10.1108/IJLBE-08-2013-0031","url":null,"abstract":"Purpose \u0000 \u0000 \u0000 \u0000– The purpose of this paper is to consider perennial issues in the education of chartered surveyors and to use the debates and experiences of the past to inform the present and future, particularly the question of the balance between academic and practical training. \u0000 \u0000 \u0000 \u0000 \u0000Design/methodology/approach \u0000 \u0000 \u0000 \u0000– Primary and secondary sources were used to establish a history of the growth of the profession and the development of formal education and assessment from the 19th century and to consider current issues with reference to wider theories of education. \u0000 \u0000 \u0000 \u0000 \u0000Findings \u0000 \u0000 \u0000 \u0000– The profession grew from vocational roots and did not enjoy the centuries of status of, say, the law. The 19th century saw an increasing technicalisation and professionalisation of surveying, with developments in various strands of the discipline, from the rural land agents to construction and public housing specialists. The muted reception from the universities in recognising the discipline is instructive. Looking at the relationship between classroom education and apprenticeship and what is needed in the preliminary education and assessment of surveyors holds contemporary lessons as increasing university fees has prompted renewed review of the most economical ways of training, while maintaining rigour. \u0000 \u0000 \u0000 \u0000 \u0000Originality/value \u0000 \u0000 \u0000 \u0000– There have been histories of surveying and of the Royal Institution of Chartered Surveyors, but this paper relates the past to the present. Its value is in highlighting the tension between the practical and academic, allowing current debates to benefit from earlier discussions and longitudinal experience of different models of education. This paves the way for a wider consideration of experiential learning theory to be applied to a fundamental review of surveying education.","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124552894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-10-07DOI: 10.1108/IJLBE-07-2013-0028
H. Ploeger, D. Groetelaers
Purpose – This purpose of this paper is to analyses the management difficulties experienced in multi-owned, mixed-use developments and possible solutions, based on the opinions of professional management agencies in The Netherlands. Design/methodology/approach – We performed a survey among professional management agencies that take care of the day-to-day management of many multi-owned, mixed-use developments. The survey focused on aspects such as the influence of the developer on the deed of division and the appointment of the professional manager, and the role of legal advisors. Findings – The outcomes support the assumption that mixed-use developments have more problems, and problems of a different nature, than homogeneous complexes. We conclude that a custom-made deed of division, or at least one that is appropriate to the mixed-use situation, is preferable. The legal expert involved (a civil law notary) should therefore consult the owners and – if applicable – the professional management agency. They have the practical knowledge to identify management difficulties. Drawing up the deed of division should never be the final piece of the process, but it should be an analogous development to the design and development process. However, our hypothesis that developers should consult the notary during the planning phase of new projects was not confirmed by the survey. Originality/value – Most legal research focuses on the law and the legality of instruments, sometimes including the practical implications by performing case law research. We stress the importance of including day-to-day practice and practitioners in legal research. Professional management agencies have the requisite knowledge – both practical and legal – of how the system of “apartment ownership” works. This makes them a very useful source of information.
{"title":"Managing multi-owned, mixed-use developments in The Netherlands: The opinion of professional managing agents","authors":"H. Ploeger, D. Groetelaers","doi":"10.1108/IJLBE-07-2013-0028","DOIUrl":"https://doi.org/10.1108/IJLBE-07-2013-0028","url":null,"abstract":"Purpose \u0000 \u0000 \u0000 \u0000– This purpose of this paper is to analyses the management difficulties experienced in multi-owned, mixed-use developments and possible solutions, based on the opinions of professional management agencies in The Netherlands. \u0000 \u0000 \u0000 \u0000 \u0000Design/methodology/approach \u0000 \u0000 \u0000 \u0000– We performed a survey among professional management agencies that take care of the day-to-day management of many multi-owned, mixed-use developments. The survey focused on aspects such as the influence of the developer on the deed of division and the appointment of the professional manager, and the role of legal advisors. \u0000 \u0000 \u0000 \u0000 \u0000Findings \u0000 \u0000 \u0000 \u0000– The outcomes support the assumption that mixed-use developments have more problems, and problems of a different nature, than homogeneous complexes. We conclude that a custom-made deed of division, or at least one that is appropriate to the mixed-use situation, is preferable. The legal expert involved (a civil law notary) should therefore consult the owners and – if applicable – the professional management agency. They have the practical knowledge to identify management difficulties. Drawing up the deed of division should never be the final piece of the process, but it should be an analogous development to the design and development process. However, our hypothesis that developers should consult the notary during the planning phase of new projects was not confirmed by the survey. \u0000 \u0000 \u0000 \u0000 \u0000Originality/value \u0000 \u0000 \u0000 \u0000– Most legal research focuses on the law and the legality of instruments, sometimes including the practical implications by performing case law research. We stress the importance of including day-to-day practice and practitioners in legal research. Professional management agencies have the requisite knowledge – both practical and legal – of how the system of “apartment ownership” works. This makes them a very useful source of information.","PeriodicalId":158465,"journal":{"name":"International Journal of Law in The Built Environment","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122026896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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