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Residential fires are soaring, causing millions of dollars in damages, and claiming the lives of many. While this headline may sound shocking, this has become a catastrophic reality for many apartment owners across Canada and worldwide. It’s quite clear how the ongoing pandemic has changed our daily lives in a socio-physical sense - most notably the way in which we interact with others, and how we navigate the shopping malls and hallways in our apartment or condo buildings. What many have not considered however, is the increased risk of fire-related emergencies resulting from higher daytime occupancy levels in multi-unit residential buildings. National Fire Prevention Week runs from October 4th to 10th. This might not be something you typically note in your calendar, however, if you are an apartment owner or manager, you should! If you have yet to equip your building and tenants with clear evacuation plans, or reviewed your latest fire-insurance policy, these items should be top of mind.

Given the ongoing COVID-19 pandemic, and the attempt to abide by physical distancing protocols, employers worldwide have been forced to encourage remote, work-from-home policies. According to StatsCan, 32.6% of companies reported 10% or more of their workforce were teleworking in the month of May, compared with just 16.6% in February. Furthermore, 22.5% of companies expect 10% or more of their staff to continue working from home post-pandemic. It’s a typical noon hour on the fourth floor of your apartment building, and you’re finishing up a conference call while lunch simmers on the stove. The kids are racing around the apartment while the laundry machine chugs through the spin cycle. There’s a knock on the door - another amazon delivery… Sound familiar?! Working from home has allowed significant flexibility in a world of fast-paced multitaskers however; it also raises concerns surrounding at-home fire emergencies. Building owners, managers and insurance companies are quickly growing concerned as the slightest distraction can have severe (and sometimes fatal) consequences. A recent article by Greg Meckbach of the Canadian Underwriter noted that the number of fatal at-home fires in Ontario has risen by 65% compared to this time last year. Local sources including the Halifax Fire Investigation Summary also highlight this issue, shedding light on the growing frequency of fires in predominately multi-residential apartment buildings across the Halifax Regional Municipality. It is crucial that building owners ensure the safety of their residents by establishing a formal fire emergency and evacuation plan. To the surprise of many, this is also a requirement set forth by most municipalities and within the National Fire Code of Canada (see our March blog post for specific details/requirements).

Sadly, the majority of buildings do not have adequate fire plans or procedures in-place. These protocols are an added level of insurance that are typically overlooked until it’s too late. Now more than ever, apartment owners and managers should be establishing or reviewing existing fire protocols for their buildings. We also suggest reviewing your current fire insurance policy to ensure you are equipped with adequate coverage. On the face of it, these suggestions may seem like an added expense however; they could be invaluable in the event a fire arrives at your doorstep. In my dual roles of Manager of Turner Drake’s Lasercad® Division and consultant in our Valuation division, I have experience in both the preparation of Fire Escape floorplans, and the completion of Fire Insurance reports. I have worked with a number of building owners and managers to implement Fire Safety Plans in apartment buildings throughout Atlantic Canada. If you have any questions regarding our Fire Safety Plans or how to go about reviewing your current Fire Insurance coverage for your property, feel free to contact me at 902-429-1811 or mjones@turnerdrake.com
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It
goes without saying that the COVID-19 pandemic has directly and abruptly affected
both short-term cash flow and long-term economic prospects for real estate
owners in the Atlantic region. Commercial and investment property has been
particularly hard-hit, with hospitality and retail property profoundly (and in
many cases, irreversibly) impacted.
Not
surprisingly, my colleagues and I field multiple inquires a week respecting the
potential for property tax relief. Unfortunately,
we find ourselves delivering the unwelcome news that there’s very little
immediate aid available; in some cases, not for years to come. A little
background will help to explain why this is so.
Property
taxes are the product of a property’s assessed value (a point in time estimate
of market value which is calculated as of a legislated date: in assessment
parlance, the “base date”), and the applicable tax rate. In most Atlantic Canadian jurisdictions,
assessment and taxation are separate functions.
Assessed values are calculated by assessing authorities (the Property
Valuation Services Corporation in NS; Service New Brunswick in NB; the
Department of Finance in PEI; the Municipal Assessment Agency and the City of
St. John’s in NL); mil rates are set (and taxes collected) by the
municipalities.
In
providing relief, Atlantic Canada’s assessing authorities and its municipalities
are stymied by legislative authority that varies from jurisdiction to
jurisdiction. The ability for the
pandemic to be reflected in assessed values (which, in all four provinces, are
to market value) depends to large degree on the base date: 
On the taxation side, we have prepared a reference
guide detailing the myriad of programs available in various Atlantic Canadian cities,
towns and municipalities. It
is available on our websites at https://www.turnerdrake.net and https://www.turnerdrake.com/products/propertytax.asp. The vast majority have been limited to extension of tax deadlines and
reductions in interest rates applied to arrears.
There is little that can be done with
respect to the tax rate applied to your property; your tax management
strategy should therefore focus on your assessed value. What will be the impact of the pandemic on
values? In my opinion, few property
types will escape unscathed, and for many, recovery will be protracted. While I
don’t have a crystal ball, we do have a rear view: experience in the aftermath
of historic cataclysmic events- e.g. the recessions of the early 1990s and
2007-2009; 911; and SARS, for example- will all provide guidance in
establishing the penalties on the value of ICI real estate.
Property taxes can be an enigma under
conventional circumstances. COVID-19 has created a property tax quagmire. My
colleagues and I would be happy to provide advice on a property-specific basis.
Have you ever gazed over a decrepit old
building, or vacant parcel of land, thinking to yourself “This would be the
perfect place for…”
Taking this vision and transforming it into
reality is the premise behind an as-if-complete valuation. This form of valuation
provides a current or prospective (future) value opinion of a development prior
to it being constructed. In addition to undeveloped properties, real estate
owners and developers can also utilise this form of valuation to determine the contributory
value of renovations to an existing property.

Owners and developers typically require this
form of valuation as an input for mortgage financing and proceed in one of two ways: The property can be valued as though it were complete as of the
effective date of the report or alternatively;
it can be valued as at an assumed date of completion. Regardless the path, the
values presented rely heavily
on the standard described in the report,
and the proposed timeframe of the development.
Working together with architects, engineers, lenders,
designers and planners is an integral part of orchestrating the materials
required for this form of valuation. Building plans and renderings paint the
backdrop while finish schedules, cost estimates and operating projections
provide focus to the finer economic details required for these projects.
Financing details are based on the lender’s
relationship with the developer together with their experience completing similar
developments, financial position, cost of the project and overall loan-to-value
ratio. Once the as-if-complete value of the property is determined the bank
will typically schedule formal draws for the various milestones of the development.
For example; the first milestone may cover the cost of excavation and site
work, foundations, framing and roofing. This is where experience, organisation and
timing are key to the financial and fiscal success of the project.
Often developers run into issues during initial
milestones, where projected budgets are exceeded and the initial draw does not
cover the costs allocated to such milestones. This can occur as a result of
unforeseen circumstances, an unexperienced contractor or builder, fluctuating
material costs etc. If the developer
does not have access to an outside source of funds to complete this work and
proceed to the next milestone, lenders will sometimes issue a “swing-line” or short-term,
interest-only line of credit to see them through to the completion of the
milestone at hand. Progressing through the first and second milestones of a
project are often the most difficult as they can be the most capital intensive.
Paying close attention to cash flows and budget are paramount to ensuring the
financing terms are met and the project is completed as scheduled.
While construction pushes forward and
developers achieve various milestones, it is typically the responsibility of
the valuation consultant to confirm the work completed falls in-line with the
details described in the report. Various meetings and site visits are completed
throughout the project, and progress reports filed to the lender as per the
scheduled incremental milestones leading up to, and including, the completion
of the project.
New developments and renovations are
susceptible to a number of different variables that could easily alter a
project cost or timeline. Such variables can heighten the risk of a project;
therefore, including proper contingencies and mapping out the development in
fine detail will aid in minimising risk and provide additional comfort to
lenders considering your project.
The ongoing pandemic has had a tremendous effect
on the world and although primarily negative in nature, many clients have taken
this additional time to dream big and “put the wheels in motion.” Formerly
neglected ideas are re-surfacing and with the help of this form of valuation we
are playing a key role in bringing these ideas to fruition.
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Patrick Mitchell is a consultant in our Valuation Division and has extensive experience in the valuation of projects that are in early stages of development, or have yet to break ground. Patrick’s passion for design and architecture has strengthened his relationships with local architects, builders and developers. For more information about our range of Valuation® services, or more details concerning as-if-complete valuations, feel free to contact Patrick at (902) 429-1811 or pmitchell@turnerdrake.com

In truth, very few people get the chance to
suffer the trauma of an expropriation.
You have to be in the wrong place at the right time. But if and when
your opportunity does come, your best hope is to emerge financially “whole”,
albeit a little battle scarred, confident that the lawmakers have your back
through their expropriation legislation.
Expropriation legislation has its roots in the
Dickensian days of the English railway boom of the 19th century, a
time of rapid industrialization that needed legislative “devices” to hurry
things along. Reforms followed until eventually the individual was adequately
protected against the state. In Canada, legislative reform came along in much
more modern times, but by the 1970’s most provinces had a pretty decent code of
expropriation compensation in place. And
Nova Scotia was among the best of the best.
Its 1973 Expropriation Act fully embraced the commendable philosophy
that because expropriated owners were being deprived of their property against
their will, they should not be treated as typical litigants. Instead they were
entitled to be satisfied – at the authority’s expense – that they were indeed
being treated fairly. The playing field was level: all was good.
Alas, things have changed since then. Numerous
subtle and not-so-subtle changes have been introduced over the past 25 years
that have tilted the playing field. And
always in the same direction. Perhaps the biggest changes, in the Nova Scotia
Expropriation Act at least, have been with regard to the expropriating
authority’s legal obligation to reimburse a claimant’s fees. The original
safety net was contained, in plain and simple language, in section 35 of the original
Nova Scotia Expropriation Act. It
entitled an expropriated land owner to be reimbursed for “the cost of one
appraisal and the legal and other costs reasonably incurred…in asserting a
claim for compensation”. Checks and balances protected the public purse from frivolous
abuse, but the basic intent was that, win, lose or draw, an owner – rich or
poor - was entitled to be heard at the authority’s expense.
The first change came in 1996. Section 35 was abruptly
repealed and in its place stood a re-enacted section 52. Things became
considerably more dicey for the property owner with respect to the
reimbursement of costs, which were now only assured if the owner proceeded to a
hearing and won outright. The owner was
now in much the same position, for cost purposes, as a typical litigant who
chooses to engage in combat. Of course,
there is nothing preventing an amicable settlement without resorting to a
hearing – and the vast majority of expropriations are settled that way – but
the safety net of section 35 was removed.
2019 saw more changes when the Nova Scotia government
introduced a Tariff of Costs to control the amount of appraisal, legal and
other experts’ costs that an expropriating authority must legally reimburse.
Henceforth the amounts that combative property owners can recover are
prescribed by law. With respect to
appraisal fees, the allowable amounts depend on the complexity of the case
(measured against a rather loosely defined benchmark called “ordinary
difficulty”). In some cases the Tariff will
be sufficient. In other cases it will fall short. The same with the reimbursement of legal
fees. Claimants may very well have to
reach into their own pockets to pursue their case from now on, as would a
typical litigant. If you think that sounds a tad unfair, you are right. After all, no one chooses to be expropriated.
And from my experience it is always more time consuming, and therefore more
costly, to represent a claimant than it is to represent an expropriating
authority. For property owners, this is a once-in-a-lifetime event. The rules have to be explained; facts sorted
from fiction; expectations managed. Expropriating authorities, on the other
hand, can draw on their in-house resources and often have a wealth of
experience. The conversations are
different.
And it’s not just the issue of cost
reimbursement that has been tilted. Another amendment in 1996 denied compensation
for loss of access along provincial highways when alternative access is being provided
by new service or access roads. An odd, and as far as we know unique, twist to
the Nova Scotia compensation code. More recently, a 2019 amendment introduced a
new definition of Disturbance to the Nova Scotia Expropriation Act, a
particular head of claim that arises when a claimant has to relocate. The old words had withstood the test of time,
undefined but “undisturbed” for a generation. In Nova Scotia it is now very
narrowly – and again, as far as we know, uniquely - defined and will inevitably
defeat claims that have previously been upheld. Indeed that’s the whole point.
Changes to the Expropriation Act in Nova Scotia
have usually been introduced as knee jerk reactions following adverse decisions
by the courts, introduced as helpful “clarifications” to help them get it right
next time. Challenging an expropriation and pursuing a claim through the courts
has never been for the faint-hearted. But
these days you might need a war chest with no guarantee that you will emerge
financially “whole”. .jpg)
Lee Weatherby is the Vice President of our Counselling Division. If you'd like more information about our counselling services, feel free to contact Lee at (902) 429-1811 or lweatherby@turnerdrake.com

COVID-19, despite months of rumblings that it might be on
its way, arrived rather abruptly on our doorstep. Collectively, we shifted from theoretical
preparations “in case” and “if” the virus impacted us directly, to many people
working from home, a transition that happened within days in some cases. Ready or not, here it came.
Now, just (“just”!) a couple of months later, the next
transition is upon us, as the economy reopens and we figure out, industry by
industry and company by company, what the new normal will look like. It’s a question on the minds of many, and one
my department has spent a fair bit of energy contemplating from our makeshift
at-home workstations (check out this
CBC article
for a peek at mine…kids and various home schooling accoutrements banished for
the deception of professional appearances).
The short answer is that it is too soon to tell, though there are
rumours and rumblings that work-from-home will continue for some people and/or
companies (demand for that may come from either end of the equation).
The longer answer is that major recessions usually result
in a sea change in how office space is utilised. After the 1990
recession, which coincided to a certain degree with the advent of cell phones
and the internet, there was a rise in “telecommuting”, some people working from
home, and “hot desking” where different people used the same desk at different
times of the day. Cubicles rose in
prominence over individual offices (as evidenced by every 90s movie that takes
place in an office). Post-2008 recession, the movement was to open
concept offices, with bullpen style areas where everyone has a laptop and a
cell phone and shares common space and/or works from home part of the
time. Each of these shifts, from individual offices to cubicles to
bullpens, equates to fewer square feet of office space per employee…which in
turn equates to lower costs for companies, for whom office space is often the
single largest expense after HR.
The logical next step in the continuum is an increase in
employees working from home, with an overall reduction in the amount of office
space leased. This could be driven by
employees who find they like shedding their commute and are productive at home
(and expect to be more so when schools and daycares reopen). It could also be mandated by employers who
find that cutting workplace expenses - from rents to coffee supplies - can come
without significant detriment to their business model.
There are some companies for whom this is a viable option,
but for others, it is not practical. Will
confidential meetings between lawyers and clients take place in lawyers’ basement
playrooms, or out in public at coffee shops? Unlikely. Further, many industries rely on the sharing
of ideas to innovate and problem solve.
The benefit of casual conversations and impromptu collaborative meetings
is worth the expense of working together in one location. So there will
remain demand for professional office space from certain sectors for a variety
of sound reasons. Worth noting, too, is the consideration that the pre-COVID
bullpen office set up has significant drawbacks until (unless) a vaccine
becomes available: shared space is not practical from a public health
perspective, and may redirect those who can’t realistically work from home long
term, to shift back to individual offices that ameliorate physical distancing. That is: more square feet of space per
employee.
And then the final elephant in the room is the total elimination
of demand for office space from companies which do not survive the economic
fallout of the pandemic. It is too soon
to measure how extensive this will be, but there certainly will be casualties
of a recession that may well be deep and prolonged.
So, coming full circle to the short answer: even with lots
of companies opting to return to offices, a decline in overall demand for
office space is certainly expected, probably over the next couple of
years. Because leases are typically signed on 3-5 year terms (or longer),
a “shadow” vacancy of leased-but-vacant space could surface first (i.e. space
for sublease), though if the original lessees can’t pay, the space is
effectively just vacant regardless of any contractual debt on it (distinguished
from, for example, a healthy company who chooses to move to a new office
building when they still have a year left on their lease). With increasing vacancy, landlords will opt
first for rental incentives to entice tenants to their space, and there will be
downward pressure on net rental rates.
Our June Market Survey is underway now…stay tuned in the coming months
for the early indicators of impacts on the market. 
Alex Baird Allen is the Manager of Turner Drake's Economic Intelligence Unit. If you'd like more information on market research or our semi-annual Market Survey, you can reach Alex at 902-429-1811 Ext.323 (HRM), 1-800-567-3033 (toll free), or email ABairdAllen@turnerdrake.com

No one
wants to own a “dirty” property; it is important to both Buyer and Seller that
they understand how a sale can be impacted by the discovery of contamination.
From the Seller’s standpoint, they may need to remediate the property prior to
selling. Remediation is costly and time consuming – it can take a year or
longer to test the soil and groundwater, adequately address the contamination, and
ensure that the site is fully remediated. The Seller will incur carrying costs,
such as property taxes, during the remediation.
There will
be other problems too, in addition to the time delay. The Buyer’s lender will rarely
finance a dirty property and will almost always require a Phase 1 environmental
assessment to confirm that it is not contaminated. In most cases it will be the
Buyer who commissions the Phase 1 report. This consists of historical research
of site… do past uses point to possible contamination from chemicals or
hydrocarbons?... was the property
previously used to house a gas station?... were manufacturing or service uses
such as dry cleaning, sand blasting (lead paint), etc. conducted on the
property?... The term “mad as a hatter” originates in the fact that hat
manufacturing utilised mercury as part of the process, with unfortunate
consequences for the participants. The Phase 1 audit will also investigate
existing and surrounding property uses that may have contaminated the site; for
example a bus depot whose leaking underground storage tanks have resulted in
contamination of the ground water and its concomitant migration into
surrounding “downstream” properties. It will also consider the building
materials used on site…. are the plaster, or ceiling tiles, likely to contain
asbestos; the fluorescent lights, PCBs; the paint, lead; what other horrors
lurk in the building structure? If anything suspicious comes out of this
research, the Phase 1 report will recommend a more invasive Phase 2
investigation requiring drilling or removal of building material for laboratory
investigation.
A Phase 1
report can cost anywhere between $1,200 and $3,000 for most small to medium
sized properties. Since a Phase 2 environmental assessment comprises soil and
ground water testing, more intrusive testing and the use of heavy equipment,
this study can easily cost over $20,000. Should the Phase 2 study identify
contaminants, the level of contamination and the intended use of the property
by the Buyer, will determine the degree of remediation required. If contaminants
exceed the maximum allowable level, the Department of Environment has to be
notified and they will issue an order to remediate the property within a
specified timeline.
Remediation
can be time consuming. Once the contaminated soil has been removed from the
property, an environmental consultant will set up “test events” whereby the
soil will be re-tested to confirm that the remediated property falls within the
specified guidelines. These test events usually occur once every three months
over a year long time period. However, if the groundwater below the property is
not static, the test events may register that it is “clean” during one test and
then show contamination at the next test event, as the groundwater migrates
back and forth.
The intended
use of property also determines the overall impact of the contamination and the
level of required remediation. For example, a former gas station site to be sold for apartment development requires
a higher level of remediation than a site to be utilised for industrial purposes….
properties intended for residential use are held to a higher environmental
standard than properties to be occupied for commercial uses.
Since the Seller
is in the chain of title they may be held liable for contamination after the
property has been sold… even though they may not be the source of the
contamination! This is why mortgagees, such as banks, will rarely foreclose
contaminated property… and why governments would be wise to avoid expropriating
pulp mills (Government of Newfoundland take note!). It is therefore to the
Seller’s advantage to establish the present extent of contamination (if any) to
safeguard themselves for the future. If a property is sold and is subsequently
discovered to be contaminated, the Seller will need to establish that it was “clean”
when they sold it, otherwise they could be held liable for the contamination
even if they did not cause it.
A Buyer is
similarly advised: If they purchase a property without undertaking the proper
environmental assessment to confirm that the property is “clean”, they are at
risk; they could be held liable for the contamination, even though they did not
cause it, and be ordered to remediate the site at significant cost. Unless the
Buyer is a risk seeker they should invest in hiring an environmental consultant
as part of their overall property purchase due diligence.
The moral
of this story? Don’t be penny wise and pound foolish! It matters not whether
you are a Buyer or Seller: a few thousand dollars spent on an environmental
audit can save you hundreds of thousands in potential remediation costs.

Ashley Urquhart is the Senior Manager of our Brokerage Division. She has a vast network of contacts and would be happy to assist you with all your leasing needs. If you would like more information, please feel free to contact Ashley at (902) 429-1811 or aurquhart@turnerdrake.com.

As summer edges near, warm days
pull our minds and hearts outdoors - reminding us of the natural areas that
make Nova Scotia a beautiful place to live.
From the maple-dappled shores of the St. Marys River to the sweeping
rocky coastlines of Yarmouth’s Tusket Islands Nova Scotia has an abundance of
natural beauty spanning countless ecosystems.
These natural spaces from a web of protected and semi-protected
landscapes across the province ranging from provincial nature reserves to prime
agricultural lands protected in perpetuity from development beyond a plough’s
furrow.
Canada’s legal concept of
‘owning’ land, though heavily based in a euro-centric view culturally, does
provide tools to assist in the protection of our natural environment. Most of the time when someone purchases a
property what they are actually paying for is a registered legal interest in
the property which allows them to use it unencumbered by others (the “Fee
Simple” Interest). However, there are many ways to split up this interest and each
comes with a value reflecting what the interest holder can and cannot do on the
property. For example, by placing a
restrictive covenant on lands, or placing ownership with a land trust, it is
possible to prevent the spoilage of natural places.
Valuing a partial interest in
land is a critical step in protecting wild areas through the use of Land Trusts,
which are not-for-profit organisations dedicated to the protection and stewardship
of special places including rare species habitat, areas of historic cultural
significance, and precious agricultural land.
Sometimes these Land Trusts acquire property outright through donation
or purchase, and other times an interest is granted to the Land Trust as a
Conservation Easement which details what is – and is not – permissible activity
on the land. In this way, these Land
Trusts have steadily grown a network of protected places over the course of
many decades.
For many landowners, the decision
to donate land is driven by a love of nature or a desire for a lasting legacy. As an added incentive there can be tax breaks
associated with these ecological gifts – the value of which must be determined
by a professional appraiser. In this way
Turner Drake has played a quiet (but important) role in the protection of an
abundance of properties which ultimately contribute to Nova Scotia’s roster of important
wild places. We are fortunate that
through this process, we have walked across places few Nova Scotians have seen
or heard of, but which nonetheless provide safe haven for many plants and
animals.
The season for outdoor
exploration is here and given current restrictions in urban-based gatherings
Nova Scotians have a unique opportunity to explore their surroundings and
connect with their natural environment in a meaningful way. .png)
James Stephens is a consultant in our
Valuation Division and is heavily involved in the valuation of lands for the provincial
governments, private land owners, and land trusts including the Nova Scotia
Nature Trust, Nature Conservancy of Canada, Annapolis Valley Farmland Trust,
and the Island Nature Trust. For more information about our range of Valuation®
services, valuations for land donations, feel free to contact James at (902)
429-1811 or jstephens@turnerdrake.com
In light of ongoing coronavirus pandemic, we are writing to update you on how these recent events are affecting our work. Overall, you should know that Turner Drake & Partners Ltd. is adapting to the situation and we remain open and available to assist you with your real estate needs. The effort to slow the progression of COVID-19 is of critical importance, and we are proud to do our part. Turner Drake is following the most current recommendations and direction from the appropriate government authorities, and has taken steps to ensure the safety of our personnel and clients. This means we are conducting our operations in new ways, including implementing flexible and remote working options for staff, enacting stricter office cleaning and hygiene protocols, and practicing social distancing when staff are present in the office. It also means we are modifying our procedures for how we serve our clients, including minimizing in-person meetings, making greater use of teleconference and screen sharing systems for interactions, and working with you to implement proper sanitation and distancing practices when our work takes us to your site. The Client Area of our website allows you order new jobs, monitor the progress of existing assignments, and transfer large files through the Drop Box option (don’t worry—our Client Area has a password recovery tool if you have misplaced yours). If you do not yet have access to our Client Area, you can also order new jobs through the “Contact Us” portion of our website www.turnerdrake.com. If you would like to meet in person, please contact us in advance so we can make arrangements. Turner Drake’s mission is to help solve your real estate problems, and we will continue to live up to that while also rising to this public health challenge which demands action from us all. Our consultants are proactively contacting clients where these new practices will impact ongoing assignments, and we welcome any questions you may have currently, or in the future as this situation evolves. Thank you for your understanding and cooperation, and we promise to extend the same as all of us adjust to this unprecedented and rapidly changing situation. Best wishes and good health. |

Just
how important is proper fire safety planning?
In addition to potential loss of life and property damage, lack of
proper Fire Safety Plans can land you with a hefty fine…or even potential jail
time!
Section
2.8 of the National Fire Code of Canada states that any building required by
the National Building Code to have a fire alarm must also have an approved Fire
Safety Plan. Halifax Regional Municipality By-law F100 also states that, “Every
person who contravenes or fails to comply with these regulations or fails to
carry out an order made under these regulations, is guilty of an offence and is
liable on summary conviction, to a fine of not more than $5000, or in default
of payment of the fine, to imprisonment for a term not exceeding six months”.
Concerned?
Turner Drake’s Lasercad® Division can prepare two types of Fire Plans to help
manage your properties’ fire safety concerns: Fire Emergency Plans and Fire
Exit Plans.
Pictured
below are examples of both types of plans prepared for a local client. Fire
Emergency Plans provide a detailed layout of each floor in a building,
showing the location of all demising walls, doors, windows, plumbing fixtures,
etc. In addition to providing a detailed layout of the space, Fire Emergency
Plans indicate the precise location of all implements relevant to fire safety. The
lower ground floor of a Halifax Heritage Building pictured below illustrates
the exact location of all fire safety devices on the floor, such as Fire
Extinguishers, Smoke Detectors, Exit Signs, Pull Stations, etc. 
Fire Exit Plans are prepared to show the
general layout of a floor’s common area accessible to the general public, and indicate
key features necessary to ensure a safe evacuation in the event of a fire. Pictured
below is a Fire Exit plan prepared for the ground floor of the same
building. The plan clearly indicates the
location of the Fire Exit Plan, marked “You Are Here”. Additionally, it shows readers the location
of all Pull Stations in the event these must be activated to trigger the
building’s fire alarm. Most importantly, Fire Exit Plans guide readers to
safety via proper evacuation routes while also highlighting all emergency exits,
and applicable Muster Points for the assembly of building occupants at a safe
distance from the building. 
If your
building exceeds 3 storeys and does not currently have Fire Emergency or Fire
Exit Plans please give us a call. Our Lasercad® team would be happy to discuss
how we can help improve your building’s Fire Safety while also answering any
questions you may have regarding local safety requirements.
Andrew Savoy is a consultant in our Valuation Division and is heavily involved in many of our Lasercad® projects. For more information about our range of Lasercad® services, including Fire Safety Plans, feel free to contact Andrew at (902) 429-1811 or asavoy@turnerdrake.com

As a child I imagined
what it would be like to score a goal for the home team in a sold out
stadium. The deafening sound of tens of
thousands of fans celebrating my efforts was amazing. I still have a passion for sport, but by day,
my passion is property tax so I read with interest some recent reports on how a
handful of pro sports franchises significantly reduced their property tax
bills. The Montreal Canadians, San
Francisco 49ers and Carolina Panthers had their property tax bills slashed by 40%,
50% and 56% respectively. Chances are
your business doesn’t occupy a stadium, but there are tax lessons to be learned
for any businesses that owns or occupies a Special Purpose Property.
Special Purpose Properties
are properties that are designed in a way that makes them good for a single use. Some uses (like hotels) appeal to a broad
array of investors, but others appeal to a very limited market making them
difficult to value. Stadiums obviously fall
in this category but so do churches, schools, power plants, hospitals, and most
purpose built manufacturing facilities.
The most common method
for estimating the tax assessment of a limited market, special purpose property
is the cost approach. You start by
estimating how much it would cost to construct the improvements, deduct
allowances for all forms of depreciation and then you add the land value. Simple enough. So how is it possible that Bank of America
Stadium (the home of the Carolina Panthers) can have estimates of its value ranging
from $87m to $472m?
It’s because valuation
experts will differ in how they account for “all forms of depreciation”. Physical depreciation is readily understood,
however properties can also suffer from functional and/or external
depreciation. Although a stadium, pulp mill, food processing plant, church or
hospital may have been meticulously maintained, it may be subject to
significant amounts of functional and external depreciation if its
configuration is sub-optimal, if it is poorly located, or if the economic
prospects for which it was built have deteriorated in some way- all of which
are grounds for a reduction in its assessed value.
The Bell Centre in
Montreal opened in 1996. It cost roughly
$240m to construct (roughly $485m today).
The land is currently assessed at just over $50m and the total assessment
now stands at $167m. This implies a
total depreciation from all causes of approximately 75%. Only a small amount (+/-1/3rd) of this relates to physical
depreciation as stadiums can have very long physical lives. Anfield, Old Trafford, Fenway Park, and
Wrigley Field are all more than 100 years old so the key to accurately
estimating the total depreciation in a stadium (or any other special purpose
property) is in identifying and quantifying functional and external
depreciation. Unfortunately there aren’t any tables an assessor can use to
estimate these forms of depreciation. It
requires an understanding of why the property was configured the way it is, how
it would be configured were it to be re-built from scratch, and an
understanding of the location and economic factors that apply to the use it was
designed for.
During my career, consulting
on behalf of taxpayers I’ve often heard the argument from assessing authorities
“the owner is using it for the purpose in which it was built” and/or “the
business is very successful” which leads to the question “how can there be
significant functional and/or external depreciation.” In the Panthers case it’s
true the stadium was being used for the purpose in which it was built. It’s true that the business is viable (David
Tepper acquired the Panthers including the stadium for $2.2b in 2018) but those
are the wrong questions. The right
question is “would the business be worth more if it had the right stadium in the right location?”
The right stadium might
have more seats, more private boxes, more places to sell advertising and might cost
less to operate. It might also be built
in a location to make commuting easier so more fans buy tickets and spend more
on concessions while they are at the game.
The same concepts hold true for any special purpose property. A church located distant from its parishioners,
a school with declining enrolment, a power plant compelled to use high priced
coal, and a poorly configured manufacturing plant located too distant from its
markets or its raw materials can all suffer from functional and/or economic
depreciation.
2020 property
assessment notices are rolling out across Canada (New Brunswick is up
next!). If you own or occupy a special
purpose property, make sure you ask the right questions when you decide if it’s
time to request a review this year. .jpg) Andre Pouliot is Vice President of our New Brunswick operations and Senior Manager of our Property Tax Division. For more information about our property tax services, feel free to contact Andre at (902) 429-1811 or apouliot@turnerdrake.com
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