As in other industries, the use of data is of increasing importance within the Real Estate & Environment sector. On this page, we discuss both the opportunities and pitfalls in IT law and intellectual property law (IP/IT) for companies operating in the real estate sector.
Using data to make decisions
Data offers many opportunities in the real estate industry. Not only during the decision-making process, but also for planning, management and property management. For example, by using data in the right way, it is possible to measure the occupancy rate in a building. With real-time data, the facility manager can efficiently set up the cleaning program, and with the analysis of elevator movements, it is possible to schedule timely maintenance before a malfunction actually occurs.
Data can also apply to choices that are made less frequently, but can have a major long-term effect. Consider the choices for which homes should be preserved first, so that preservation can be planned along with maintenance.
The potential of AI in real estate
The use of Artificial Intelligence (AI) within the real estate industry is on the rise. Some examples include AI applications used to send newsletters and emails, and analytics for what content is read by whom. This makes it clear to the organization which information is of interest to which target audience.
AI is also increasingly being used in the various phases of a construction project. In the early phase, AI and data can already be used to predict how someone wants to live. The design can then be adjusted accordingly to make the home more attractive. The moment more data is available, it is even possible to predict which homes will soon be offered for sale or to value the property. IE/IT in real estate will possibly automate the traditional process of a designer, contractor and broker.
Automated processes using the BIM model
A great example of IE/IT in real estate is the BIM model. BIM has now become the data collection point for various parties in the real estate industry. With the BIM model, it is possible to make data from other parties involved in the project unambiguously and easily accessible. The BIM model also offers the possibility of virtual design and construction. By combining data before, during and after construction, decisions can be made accordingly. Consider, for example, the amount of material that needs to be ordered or the time when maintenance needs to be scheduled.
It is also possible to make connections with, for example, energy labels and fire safety.BIM leads to a time- and cost-saving way of building and maintenance. But the question is, of course, who owns the data, designs and drawings that are added to the BIM model. It is wise to get clear in advance which (license) conditions apply, who becomes the owner of the data or what you are allowed to do with the data.
The snags and eyes of the Digital System for the Environment Act (DSO)
The fact that the application of IP/IT in real estate is not always flawless is evidenced, for example, by the Digitaal Stelsel Omgevingswet (DSO). The DSO is a future tool to support the implementation of the Environment Act. Under this new system, the government is obliged to have its systems for permit applications and notifications, the publication of environmental documents and the delivery of applicable rules, also connected to the DSO. This therefore makes the DSO a single coherent system of digital facilities. This system should ensure a simplified and efficient use of the new Environment Act.
Nevertheless, many flaws were still discovered during the test phase. In addition to various hiccups, certain systems turned out not to function at all. This was initially also a reason for the Senate not to approve the introduction of the DSO on January 1, 2023. The implementation of the DSO tool was pulled from the agenda due to the aforementioned problems. Meanwhile, it looks like the Environment Act will only enter into force, subject to conditions, on July 1, 2023.
Digitization is also necessary within the Real Estate & Environment sector. The implementation of the DSO system is just one example of the fact that digitization does not always go without a hitch. It often happens that building new I(C)T system does not go as planned. Therefore, it is important to make good arrangements in advance in case the development does not go as planned.
Intellectual property in real estate
Intellectual property (IP) rights are inseparable from real estate. The construction of a new structure will always be based on a design. This design will usually be copyrighted. This is the case when the design meets the requirements of originality and creative choices have been made. The creator of the design is then the copyright owner.There are also personality rights attached to copyright. These are rights that cannot be transferred or sold. With these rights, the creator (designer) can take action against modifications or alterations to the designed building if this would infringe on his personality rights.In practice, this means that as a client and contractor, you will have to investigate carefully in advance who holds the copyright to the design. The rights holder will have to give permission before the design may be realized. In the case of a remodeling or renovation project, the client and contractor must also take into account the designer's moral rights.
In addition, nowadays designs, drawings and/or construction calculations can be considered digitized. Under certain circumstances, this data can be protected under database law. This right arises the moment a substantial investment has been made in the acquisition, control or presentation of the contents of that database. This right ensures that you can take action against persons who regularly and/or substantially use data from your database.
Finally, it is important to have advance clarity in collaborative relationships. With the use of BIM, various parties will provide data. For that reason it is important to determine who is the rightful owner of what.
Support with IP/IT in real estate
In short, IP/IT also plays an important role in the real estate sector.
However, it is not possible for every company to have its own (team of) expert(s) in this field. This does not have to be a problem. The specialists at BG.legal can answer your questions about IP/IT in the real estate sector.
At BG.legal, we are happy to help you with your questions about IE/IT in the real estate sector. Contact our specialists to find out what we can do for you in the area of IP/IT in real estate.
Want to learn more about the ways BG.legal can assist you with IP/IT in real estate issues? Then contact us today.
