Safe and sound: security is paramount for developers
Legal
by
Al Watson and Jill Carey
From planning and design to development and management, security, in all its forms, is paramount for developers. Al Watson, Jill Carey and Clare Harman-Clark consider the issues
Security, safety and wellbeing are principles that go to the very heart of the real estate industry.
From the tallest tower to the smallest site, the design and development of modern properties and their running once built are tailored to incorporate safeguards for the occupiers.
From planning and design to development and management, security, in all its forms, is paramount for developers. Al Watson, Jill Carey and Clare Harman-Clark consider the issues
Security, safety and wellbeing are principles that go to the very heart of the real estate industry.
From the tallest tower to the smallest site, the design and development of modern properties and their running once built are tailored to incorporate safeguards for the occupiers.
This affects how people relate to buildings, how people react with other occupiers, friends, colleagues and neighbours, and how they interact with open spaces. Sadly, in the light of recent tragic events, the need for these safeguards is only likely to increase.
The real estate industry has responded to this by recognising the need to bring about change, and is flexing its style accordingly. These adaptations can be seen by looking at planning proposals for new developments or touring recent constructions. They can also be seen on the ground when queuing to enter one of these buildings, or running an eye over the service charge spreadsheet.
The past
There are moments of history that, combined with tragedy, bring about conceptual leaps in ideas.
An obvious, though old, illustration is the Great Fire of London. Following the devastation wrought by the blaze, new properties were built that modernised swathes of the city.
Another notable example is the back-to-back, two-up-two-down “Jerry-built” housing of the 1900s that brought about health and safety statute and building regulations.
More recently, the 1970s saw the redevelopment of a large housing estate in Newcastle, where Victorian slums were replaced with 200 acres of modern dwellings, including the “Byker Wall” – an unbroken run of 620 maisonettes. In turn, these dwellings, themselves built in colourful 1970s materials, became insufficient for modern life and were the subject of a major regeneration programme. The Byker Project, as glorious as it is well-known, is also a Grade II* listed building.
The present
Our 21st-century development landscape, with the need to reflect on and respect existing built heritage, is at a crunch point.
Developers and landowners must incorporate an ever increasing number of safety measures, while also constructing new developments that are higher, deeper and more condensed.
This means thinking even harder about making better use of private and public spaces. It means considering the safety of buildings and their occupiers; how data is captured and stored; how landlords and tenants work with each other; and how the spaces and places that are created can be properly protected.
Design processes are inherently intuitive. On the entire journey, from the initial seeds of the first design right through to design stage C, as an industry we must engage with, capture and produce new ideas around how open space and buildings are protected.
This means that architects, surveyors, construction firms and landscapers must all be creative and collaborative if they are to put together a site that will fulfil so many demands.
One of the biggest challenges is to protect the building without it looking like a modern-day fortress. This is partly because of the visual appeal – drawbridges only look good on a castle in Game of Thrones – and partly because too much obvious security might prove worrisome and off-putting to occupiers, and attract more attention. Consequently, this
is where the real creativity comes into play.
The need for modern buildings and open spaces to appear both attractive and interesting requires us to take the concepts of safety and security and turn them into unusual designs. Buildings, street furniture and open spaces can all be sufficiently protected for occupiers to feel safe, subconsciously.
Examples that can be seen around the cities include hard landscaping that at first glance appears to be purely decorative but, in fact, has been made resolute by its setting deep into the ground. Items of public art can also have a hidden side; that of a defensive mechanism to break up otherwise open space.
The same is true of the inside of modern buildings, which will contain more obvious security features. Examples include security guards and searches, airport-style scanners (and queues), certain types of glass, and rigorous records of visitors. But while this is again important to promote safety and to make people feel comfortable and confident at work, insofar as a building’s occupiers are concerned, when is it too much of a good thing?
The two main issues that security raises for occupiers are the time that it takes to access the building and the cost of running the systems, which of course the landlord will want to recover from the service charge.
Extremely high-tech equipment and scanning every visitor to the building can take a great deal of time, particularly in the case of a high-rise building in multiple occupation. The time could be reduced by installing several scanners and gates, and employing more security guards to check but, of course, the cost will increase proportionately.
The future
How does the industry even begin to approach juggling all of these substantial issues?
The first step is to be aware of the issues and to be switched on to the solutions. This means collaboration between all parties within the industry.
At the planning or refurbishment stage, developers, local authorities, and emergency services should work together to understand how buildings can be renovated and protected, and how new developments can continue to bring about positive change.
The government should swiftly return to and provide a refreshed and up-to-date Planning out crime guidance and, in doing so, it must consult effectively with the industry.
In the meantime, real time interim advice can inform proposals that will then fit with the strategic plan for the local planning authority’s area. And from there, they can turn design elements of planning applications into conditions, design codes and section 106 obligations.
With liaisons that are effective, they should result in design changes to schemes being approved quickly, local authorities engaging in swift resolution of the use of PD powers to bring about well-designed and protective measures for outside spaces, and the collaboration of ideas and concepts so that as each development comes forward, continuous improvement is then identified and applied to each part of the design and implementation process.
Meanwhile, new landlords and tenants will need to work together to identify at the outset the extent of security that is required for the building to run smoothly and safely, and the cost of that security.
This is especially important for multilet buildings, where different tenants might have different requirements. For example, a tenant whose business is providing serviced office space or flexible working to its own clients will require more rigorous security than a tenant with a small number of long-term staff.
Clear-sighted negotiations and drafting will be important to meet expectations and to avoid disputes when the service charge is estimated and reconciled.
Safety and security features might not make cheerful water cooler conversation topics, but we must be honest: they are critical for buildings and their occupiers.
The real estate industry has already recognised this, and has adapted accordingly. And like the chameleon that it is, the industry is going to have to continue to do so in response to almost every demand that modern life puts upon it.
Al Watson is head of planning & environment, Jill Carey is a senior associate in real estate disputes and Clare Harman-Clark is a real estate professional support lawyer at international law firm Taylor Wessing
Photo credit: British Sky Broadcasting Ltd/REX/Shutterstock