Landlords should agree between the same and offer to tenants the standard so-called. green annexes to contracts for leases in trade centers – indicates the Union of Polish Employers and Services (ZPPHiU). It is crucial that the new laws include the properly distributed responsibility of both parties of the contract and benefit both parties, and not only owners of galleries trade. Representatives of centers talk a lot about implemented solutions ESG and environmental policies. But they don’t show, in how real they translate this into benefits for the environment and actual savings for tenants, especially in the context of increasing common costs – assesses ZPPHiU. There is a lack of concrete examples
of savings and transparent policy of information about planned activities and stages of implementation ESG in
trade centers. 
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Owners of commercial centers often stress, that green attachments bring tenants “benefits, savings and reduce risks, allow to optimize costs of operating facilities and stimulate innovation.” However does not present real examples to confirm these theses – a particularly settlements and savings for tenants. Also indicate, that the green attachments will help tenants in sourcing data for reporting in accordance with the CSRD – but also does not explain, in how they are.
– It is time, to talk about standard so-called green annexes to leasing contracts in commercial centers. Landlords don’t have established between their same conclusive plans to achieve environmental goals and don’t offer them to tenants. The obligations to report ESG to trading centers are on their owners, and not tenants – especially, that many of these are not covered by such obligation in the nearest perspective. On the other hand, large companies must calculate the carbon footprint of products from the raw material to the shop shelf – which means a very large range of data, some of which part of the some are to the store.Owners of commercial centers should transfer to tenants. During the III Congress of ZPPHiU and PSNPH we discussed these issues and we learned, that a significant number of tenants negotiate green attachments guided by healthy reason, which is the right direction. Unfortunately it still happens that costly elements of green appendices to contracts are not indicated in these documents, but hidden for example. in regulations, which should specify the rules of order. We don’t know any single example, that owners of commercial centers present reports indicating accounts and actual savings for tenants being the result of applied environmental policy. Such calculations are also shown in statements of costs common. Managers of some commercial centers boast of obtained environmental certifications BREEAM. You need to know, that the costs of obtaining these are included in the fees of tenants – we don’t know, what benefits are provided by private certificates beyond the possibility of receiving cheaper credit by gallery owners. Therefore there must be created standards favorable to both parties of the lease – points out Zofia Morbiato, director general of the Union of Polish Employers Trade and Services (ZPPHiU).
As a result of requests pressed by landlords in the so-called. green annexes to contracts for leases in commercial centers increase the threat of transferring further costs to owners to tenants. This is another additional burden usually without any justification. Frequently landlords require replacement in shops of quality floors, sites, or installation- without benefit to the environment and importance to customers centers.
These unreasonable requirements, especially, when they appear after financial negotiations have increased costs for tenants, which influences the decrease of profitability
often modernizations of part common are conducted by landlords without notification to tenants and billed in service costs without agreements with business partners creating the value of mall trades.
– It is worth stressing, that in Polish legislation there are no different regulating contracts for leases of locations in centers commercial. Specifically these agreements are signed for the purpose of conducting business – a subject of generating profit, not only for the owner of the center, but also for the tenant. This is the fundamental difference in relation to theAgreements for leases to satisfy housing needs. In each case, however, it is on the owner of the property, and not its user, that has responsibilities of investment, legal or administrative and reporting nature. Also the system of measuring the use of electric energy remains in the provision of the building owner. Similarly there is the issue of modernizing all installations and equipment, in which the building is equipped. In preparing the offer of lease the landlord should calculate and include all costs, which may burden him in time of the contract and take the business risk related to property – remarks Zofia Morbiato.
Green attachments to leases in commercial centers may and should be negotiated. New, European requirements ESG for real estate apply to their owners, and not tenants. What more, does not mean on the current legislative stage obligation to modernize – a only requirement to report the actual impact on the environment. Therefore it is notpossibletoimposethistypeofrequirementsunderannexestoleases.Thetenantshavetherightand obligationtoinfluencetheso-calledgreenannexes-andalsoreceiveinformationabout thecarbon footprintfromthelandlords.
Existingtradecentersrequiresystematicnewinvestments.Bothbecauseoftheiraging,andthechangesandstandardsrequiredbythemodificationofEU law.It mustbe emphasized,thatthelawimposesobligationsrelatedtothepropertyonitsowner-inaspectofsafetyandconformitywithactualregulations.Landlordsaretryingtotransfertheirobligationstotenants,foryearscallingforminimumbusiness partnerships.Thisaffectsinparticularthe properdistributionofrisksonpartiesoflease contracts.
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