Chapter One: International Real Estate

1.1 Introduction

The term international real estate is a relatively new phenomenon, which implies a

post-Globalization real estate, or property sector. The term encompasses real

property development and sales/leasing transactions between nations; and the

enormous amount of legal, design, urban planning, engineering, financing, and

construction work that follows from developmental transactions. International real

estate is, by definition, influenced by fluctuating market value in various sectors

between counties, as can be evidenced by the 2008 global credit crisis.

International real estate is best subdivided into two categories: commercial and

residential.

International commercial real estate has been a natural consequence of business'

evolution toward multi-national business operations. Often, International

commercial real estate transactions require the formation of corporations used to

purchase or lease real estate, when freehold ownership is not permitted.

International real estate, as it involves the purchase and sale of international

residential real estate, is often limited to the "luxury" sector of the real estate

market, usually defined as the top 10% of sales prices in a given market. This is

because international home purchases are usually buyers' second homes, although

market share exists in "affordable luxury" holiday homes. Within the international

residential real estate sector, great emphasis is placed on property marketing.

International real estate may have been aided by modern media such as internet or

international media, as it catalysed globalization and aided in the communications

necessary for transactions to take place. It is not true that international real estate

did not exist before the World Wide Web, but it is certainly true that it was not as

effective and accessible as it is nowadays.

International real estate is one of the most dynamic branches of real estate

encompassing experts from many different fields, including law, civil engineering

and construction planning. Its main aims include infrastructural development and

augmentation of the tourist industry.

The recent construction of international real estate directories and forums in which

the interested parties can communicate and exchange information has been a major

breakthrough resulting in major development in the field.

1.2 Avimor

Avimor is an 840-acre (3.4 km2) master-planned residential community located in

the Foothills west of Boise, Idaho and five miles (8 km) directly north of Eagle,

Idaho along Hwy. 55. The project is being developed by SunCor Development

Company, a wholly-owned subsidiary of Pinnacle West Capital Corporation, a

publicly-traded company (NYSE: PNW) which is also the parent company of

Arizona Public Service, the state's largest utility company. Construction began in

2006 and is ongoing.

Village One, the first portion of the 23,000-acre (93 km2) Spring Valley Ranch

property to be developed, includes 650 homes and a planned village center of

shops, offices, dining options, a daycare and recreational amenities. A second

village is still in the planning stages. Nearly 20,000 acres (81 km2) of the

surrounding land is designated as open space.

1.3 History

Spring Valley Ranch was once a 38,000-acre (150 km2) sheep ranch, then

transitioned to cattle and horses. SunCor chose Avimor as the community name

based on the heritage of the McLeod family, Spring Valley Ranch owners since the

early 1900s. The family is originally from the Highlands area of Scotland and

Aviemore is an active-lifestyle resort town in the region. The spelling was

changed, hence the current name.

1.4 Conservation

1.4.1 Water Conservation

Water consumption in this high desert region has been an important issue for the

development team and the surrounding communities. Design, management and

educational initiatives are in place to meet the goal of reducing typical residential

indoor and outdoor water consumption by 30%.

Minimizing use begins by establishing water rates that encourage conservation,

metering all treated-water usage and providing educational materials for residents.

All homes are built with low-flow plumbing fixtures, recirculation pumps for hot

water delivery and low-water-use appliances. Treated effluent from the on-site

state-of-the-art wastewater treatment plant reduces the use of potable water for

land irrigation. Landscaping is done with xeric plants through covenants, deed

restrictions and permitted plant lists that also limit the use of turf in private yard

landscaping. The community uses drip irrigation for all shrubs and trees and a

centralized, time-controlled irrigation system linked to a weather station for

watering common areas.

1.4.2 Energy Conservation

By gaining Energy Star certification for all homes, this signifies up to 30% greater

efficiency than homes built to code. Educational materials have been developed to

help Avimor residents make further energy-conscious choices. Additionally,

community design and amenities are in place to help reduce the need for car travel.

Where possible, buildings are oriented along an east-west axis to maximize passive

solar heating and are sited to allow for low angle winter sun. The use of overhangs,

porches and other appropriate features shade south-facing walls in summer.

Landscaping tactics shade buildings in the summer and allow solar heating in

winter.

1.4.3 Plant and Wildlife Conservation

Years of ranching, along with a keen interest in preserving the natural state

foothills lands, has set into motion a comprehensive land conservation plan. Nearly

60% of the 840 acres (3.4 km2) in Village One is retained as preserved open space.

Large tracts of adjacent land will be preserved and restored to pre-ranchland state

for the benefit of residents, wildlife and the general public.

A neighborhood conservation director has taken a "No Net Loss" approach to

wildlife mitigation.. Rather than work from a wildlife-down approach - which

usually accounts for a smaller set of species such as big game - this strategy begins

with the soils and vegetation. By restoring these base natural components first,

more plant, animal and insect species will benefit in a given area. This plan was

developed with assistance from the Idaho Department of Fish and Game, Ada

County Development Services, Bureau of Land Management, Ada County Parks

and Recreation, and private interest groups.

Plant and wildlife conservation projects includes the establishment of a

conservation easement, enhancing wildlife habitats, properly managing foothills

recreation access, planting native plant species, controlling invasive and noxious

weeds, and conducting regular big game surveys.

1.5 Better Homes

History

Better Homes was founded in 1986 in Dubai, United Arab Emirates by Linda

Mahoney as a residential leasing company. It is one of the oldest real estate

companies in the Middle East.

Since 1986, the company has grown from a one woman enterprise and launched

over 10 divisions and 30 property boutiques and offices with a 700+ workforce all

over the Middle East, Europe and Asia. Better Homes is also a founding member

of the Dubai Property Group.

1.6 Services

The company uses a proprietary IT system to give clients features, such as the most

up-to-the-minute properties available and interactive online maps.

Some of the services the company offers include:

Residential Sales and Leasing

Commercial Sales and Leasing

Property Management

Short-term Rentals

Project Sales and Marketing

International Sales

Concierge service

The Commercial division was launched in 1996.

Launched in 2007, Better Plus, one of the company’s newest divisions, is a

concierge service that connects Better Homes’ clients with services such as

insurance, mortgages, currency exchange, and home furnishing.

Aside from property, Better Homes also entered the hospitality sector with the

Short-term Rentals division and offers a range of self-catering apartments and

serviced hotel apartments in Dubai. The company also launched its very own

Emerald Hotel Apartments in Bur Dubai.

Billy Rautenbach, Better Homes’ Chief Operational Officer, was named amongst

the 5 most high profile women in Dubai’s real estate market by Arabian Property

magazine.

1.7 Creative Branding

Better Homes’ marketing has always been in the limelight for its fun and funky

style. The company re-branded in 2006 unveiling a new corporate identity. It

recently launched its new website (www.bhomes.com) to offer users a

comprehensive online property search with interactive maps, 360° property tours,

floor plans, colour printable brochures, and image galleries. Since its launch, the

site regularly receives over five thousand unique visitors per day.

1.8 Publications

Better Homes has dedicated publications, Better Homes Magazine and

Commercial Review, which provide readers with guides on living in Dubai and

choosing the most suitable property.

1.9 Going Global

Better Homes International offers properties in both emerging and mature markets

throughout the world. Catering to property markets as diverse as Turkey, Fiji,

Cyprus, Spain, India, Greece, Morocco, and the Caribbean.

1.10 Blockbusting

Blockbusting was a business practice of U.S. real estate agents and building

developers meant to encourage white property owners to sell their houses at a loss,

by fraudulently implying that racial, ethnic, or religious minorities — blacks,

Hispanics, Jews et al. — were moving into their previously racially segregated

neighborhood, and so depress real estate property values.[1] Blockbusting became

possible after the legislative dismantling of legally-protected racially-segregated

real estate practices after World War II, but by the 1980s it disappeared as a

business practice after changes in law and the real estate market.

1.11 Background

Beginning around 1900, with the Great Migration (1915–30) of black Americans

from the rural Southern United States to work in the cities and towns of the

northern U.S., many white people feared that black people were a social and

economic threat, and countered their presence with local zoning laws that requiring

them to live and reside in geographically defined areas of the town or city,

preventing them from moving to areas inhabited by white people.

In 1917, in the case of Buchanan v. Warley (1917), the Supreme Court of the

United States voided the racial residency statutes forbidding blacks from living in

white neighborhoods, as violating the Equal Protection Clause of the Fourteenth

Amendment to the United States Constitution.[3] In turn, whites used racially

restrictive covenants in deeds, and real estate businesses informally applied them

to prevent the selling of houses to black Americans in white neighborhoods. To

thwart the Supreme Court’s Buchanan v. Warley prohibition of such legal business

racism, state courts interpreted the covenants as a contract between private persons,

outside the scope of the Fourteenth Amendment; however, in the Shelley v.

Kraemer (1948) case, the Supreme Court ruled that the Amendment’s Equal

Protection Clause outlawed the states’ legal enforcement of racially restrictive

covenants in state courts.[4] In the event, decades of racist laws requiring black

Americans to live in over-crowded and over-priced ghettos created economic

pressures to avail black people of housing in racially-segregated neighborhoods.

Freed by the Supreme Court from the legal restrictions against selling white

housing to blacks, real estate companies sold houses to those who could buy — if

they could find a willing white seller.

Generally, “blockbusting” denotes the real estate and building development

business practices yielding double profits from U.S. anti-black racism;

aggravating, by subterfuge, the white home owners’ fears of mixed-race

communities to encourage them to quickly sell their houses at a loss, at below-

market prices, and then selling that property to black Americans at higher-than-

market prices. Given the federally-legislated racial discrimination in mortgage-

lending, black people usually did not qualify for mortgages from banks and savings

and loan associations, instead, they recurred to land installment contracts at

usurious interest rates to buy a house — a racist economic strategy eventually

leading to foreclosure.[2] With blockbusting, real estate companies legally profited

from the arbitrage (the difference between the discounted price paid to frightened

white sellers and the artificially high price paid by black buyers), and from the

commissions resulting from increased real estate sales, and from their usurious

financing of said house sales to black Americans.[2] The documentary film

Revolution '67 (2007) examines the blockbusting practiced in Newark, New Jersey

in the 1960s.

1.12 Methods of Blockbusting

The term “blockbusting” might have originated in Chicago, Illinois, where, in

order to accelerate the emigration of economically successful racial, ethnic, and

religious minority residents to better neighborhoods beyond the ghettos, real estate

companies and building developers used agents provocateurs — non-white people

hired to deceive the white residents of a legally-restricted neighborhood into

believing that black people were moving into the neighborhood, thereby

encouraging them to quickly sell (at a loss) and emigrate to racially-restricted

suburbs.

The tactics included hiring black women to be seen pushing baby carriages in

white neighborhoods, so encouraging white fear of devalued property; selling a

house to a black family in a white neighborhood to provoke white flight, before the

community’s properties became worthless; selling white neighborhood houses to

black families, and afterwards placing real estate agent business cards in the

neighbors’ mailboxes; and saturating the neighborhood area with fliers offering

quick-cash for houses. Like-wise, building developers bought houses and dwelling

buildings, and left them unoccupied to make the neighborhood appear abandoned

— like a ghetto or a slum — psychologic coercion that usually forced the

remaining white folk to sell at a loss. Blockbusting was a very common and very

profitable form of racist exploitation, for example, by 1962, when blockbusting

had been practiced for some fifteen years, the city of Chicago had more than 100

real estate companies that had been, on average, “changing” between two to three

blocks a week for years.

1.13 Reactions to Blockbusting

In 1962, “blockbusting” real estate profiteering was nationally exposed by the The

Saturday Evening Post with the article "Confessions of a Block-Buster", wherein

the author detailed the practices, emphasizing the surplus profit gained from

frightening white people to sell at a loss, in order to quickly resettle in racially-

segregated "better neighborhoods".[2] In response to political pressure from the

cheated sellers and buyers, states and cities legally restricted door-to-door real

estate solicitation, the posting of "FOR SALE" signs, and authorized government

licensing agencies to investigate the blockbusting complaints of buyers and sellers,

and to revoke the real estate sales licenses of blockbusters.[2] Like-wise, other

states' legislation allowed lawsuits against real estate companies and brokers who

cheated buyers and sellers with fraudulent representations of declining property

values, changing racial and ethnic neighborhood populations, local crime, and the

"worsening" of schools, because of race mixing.

The Fair Housing Act of 1968 established federal causes of action against

blockbusting, including illegal real estate broker claims that blacks, Jews,

Hispanics, et al. had or were going to move into a neighborhood, and so devalue

the properties. In the case of Jones v. Alfred H. Mayer Co. (1968), the U.S.

Supreme Court ruled that the Thirteenth Amendment authorized the federal

government's prohibiting racial discrimination in private housing markets, [5] thus

allowing black American legal claims to rescind the usurious land contracts

(featuring over-priced houses and higher-than-market mortgage interest rates), as a

racist real estate business practice illegal under the Civil Rights Act of 1866, which

greatly reduced the profitability of blockbusting. Nevertheless, said regulatory and

statutory remedies against blockbusting were challenged in court; thus, towns

cannot prohibit an owner's placing a "FOR SALE" sign before his house, in order

to reduce blockbusting. In the case of Linmark Associates, Inc. v. Willingboro

(1977), the Supreme Court ruled that such prohibitions infringe freedom of

expression. Moreover, by the 1980s, as evidence of blockbusting practices

disappeared, states and cities began rescinding statutes restricting blockbusting.

1.14 U.S. Cultural References

The serio-comic television series All in the Family (1971–79), featured "The

Blockbuster", a 1971 episode about said practice, illustrating some real estate

blockbusting techniques.

In the Knight Rider (1982–86) adventure television series, episode 11 of the fourth

season features the eponymous hero, Michael Knight, trying to stop a blockbusting

operation in a Chicago ghetto

1.15 Buyer Listing Service

A Buyer Listing Service ("BLS") is a system designed to gather relevant

information, via data entries by a prospective home buyer, her real estate 'Buyer

Agent', or both, concerning the Buyer's financial qualifications regarding a home

purchase and the Buyer's needs and wants for the sought for home (number of

bedrooms, location, square footage, etc.). Working in much the same way as the

well-known Multiple Listing Service ("MLS") operates to market homes-for-sale, a

BLS system provides corresponding data from the Buyer's perspective. BLS

systems may be integrated with MLS systems operated by the local Association of

Realtors, 'free-standing'and available directly to Buyer and Seller consumers, or

operated through in-house systems of privately owned real estate brokerages.

National BLS is the first national Buyer Listing Service of pre-approved residential

real estate buyers. The service allows buyers to anonymously broadcast their home

buying requirements to the web, stating specific or general location, property type,

property use, number of bedrooms and bathrooms, their mortgage details (purchase

terms, down payment, contingencies, etc.) and a host of other important property

attributes (deck/patio, fireplace, central air, etc.) Buyers on NationalBLS are

searchable by real estate agents and home sellers, who can then make reverse

offers to the buyers. The system gives real estate agents a tool for qualifying their

buyer leads and protecting their buying clients. Real estate agents also use the

buyer listing service on behalf of eager home sellers who are keen to start

negotiating. Further, mortgage brokers and loan officers use the service to manage

their buyers and promote their buyers' best interests. National BLS can be found at

www.nationalbls.com

1.16 CRTS Certified Relocation and Transition Specialists

CRTS Certified Relocation and Transition Specialists are third party certified

providers who assist older adults and their families through often stressful

transitions, such as moving to a senior living community or modifying a home to

age in place.

The CRTS designation is awarded to Senior Transition Specialists who meet

experience, eligibility and exam requirements.

Oversight for the CRTS designation is the responsibility of the Senior Transition

Society, a North American professional society.

All CRTS graduates become part of the CRTS Professional Registry which is

available for families through national websites.

CRTS professionals include Realtors, local and long distance movers, appraisers,

estate sale specialists, home care professionals, professional organizers and more.

CRTS professionals focus on alleviating client and family stress associated with

relocation. CRTS professionals are a qualified resource for families and are trained

to understand how home transitions are often complicated by factors such as

health, personal asset management, dementia and complex family dynamics.

CRTS Certified professionals are required to pass criminal background checks and

meet ongoing insurance and continuing education requirements.

1.17 Coldwell Banker

Coldwell Banker is a large real estate franchise owned by Realogy, which also

owns Century 21 Real Estate and ERA Real Estate. The company was founded in

1906 in San Francisco.

Coldwell Banker has an international presence, with offices on six continents, 46

countries and territories. There are more than 600 Coldwell Banker offices outside

of the United States.

1.18 Company History

Early years

The company was launched in 1906. After the devastating 1906 San Francisco

earthquake and fires, real estate agent Colbert Coldwell formed a new real estate

company.

Coldwell disapproved of the then-common practice of real estate agents acquiring

properties for themselves, often from uninformed sellers at ridiculously low prices,

and then reselling them for huge profits. He and two partners formed the company

of Tucker, Lynch and Coldwell on August 27, 1906.

In 1913, Benjamin Arthur Banker joined the firm as a salesman and became a

partner in 1914. He and Coldwell remained active in the company throughout their

lives.

In the early years of growth, Coldwell Banker offices were devoted primarily to

commercial real estate brokerage firms. In 1925 the first residential real estate

office opened in San Francisco, and a full fledged residential real estate department

was formed by 1937.

1.19 Expansion

The company's geographic expansion began in the 1920s with the opening of

offices in Southern California. The company opened its first office outside

California (in Phoenix, AZ) in 1952. This was followed by an office in Seattle in

1969.

In the 1970s, Coldwell Banker acquired residential real estate firms in Atlanta,

Chicago, and Washington, DC, expanding its geographic footprint. [2]

By 1980, Coldwell Banker had also acquired a national referral service (now

Coldwell Banker Referral Network), and Previews Inc., an international luxury real

estate marketing organization (which has evolved into the present-day Coldwell

Banker Previews International). In 1981, Coldwell Banker was acquired by Sears,

Roebuck and Co., joining Dean Witter Financial Services Group and Allstate

Insurance group as a member of the Sears Financial Network.

Another landmark in 1981 was the launch of Coldwell Banker Residential

Affiliates, Inc. for the franchising of residential brokerage companies. Further

acquisition of companies in major metropolitan areas across the United States

occurred in the 1980s..

1990s

By 1990, Coldwell Banker had locations in all fifty states, and had begun

international expansion with offices in Canada and Puerto Rico. The

company's focus on residential real estate was strengthened with the sale of

Coldwell Banker Commercial Group (now known as CB Commercial).

Coldwell Banker was purchased from Sears by the Fremont Group in 1993.

Another milestone in 1993 was the substantial increase of Coldwell Banker

presence in Canada. Coldwell Banker Affiliates of Canada, a joint venture of

Coldwell Banker and Canada Trust, is one of Canada's largest real estate

operations with more than 200 offices and thousands of sales representatives

coast to coast.

Coldwell Banker in 1995 became one of the first national and first-service

real estate brands to have a presence online with the launch of

www.coldwellbanker.com.

In May 1996, Coldwell Banker was acquired by HFS Incorporated, then the

world's largest franchisor of hotels and residential real estate brokerage

offices.

1997 saw parent company HFS merge with CUC International, forming the

new Cendant Corporation.

2000 - Present

In 2005, Coldwell Banker became the first full-service national real estate

brand to launch a stand-alone Web site for upscale properties with

www.coldwellbankerpreviews.com.

Later that year, it was announced that Cendant would spin off its four

divisions – real estate, hotel, car rental and hospitality services. Coldwell

Banker would now be part of a stand-alone real estate company named

Realogy in late 2006. Realogy’s brands – Coldwell Banker, Coldwell

Banker Commercial, Century 21, ERA and Sothebys International Realty

(Better Homes and Gardens Real Estate was added in 2007) - combine to

participate in one of every four residential real estate transactions in the

United States.

At the start of 2006, Coldwell Banker began celebrating its 100th

anniversary. Jim Gillespie, president and chief executive officer of Coldwell

Banker Real Estate Corporation, led a Coldwell Banker contingent in

ringing the closing bell at the New York Stock Exchange on August 21,

2006 to commemorate the brand’s 100th anniversary.

1.20 Curb Appeal

Curb appeal is attractiveness of the exterior of a residential or commercial

property. The term was extensively used in the United States during the housing

boom and continues to be used as an indicator of the initial appeal of a property to

prospective buyers.

Methods for Increasing Curb Appeal

Curb appeal can be accomplished by any number of methods including the

installation of exterior decorations, re-painting, extensive attention to the

landscaping. Several television programs (such as Designed to Sell, House Doctor,

Flip This House) have been created to explore ways for homeowners and building

contractors to increase the curb appeal of their properties for a more profitable sale.

1.21 First Time Home Buyer Grant

A first time home buyer grant is a grant specifically for/targeted at those buying

their first home perhaps a starter home. Like other grants, the first time buyer does

not hold an obligation to repay the grant. In this respect, it differs from a loan and

does not incur any debt or interest. Grants can be given out by foundations and

governments. Grants to individuals can be either scholarships or donations.

First time home buyer grants are typically awarded based on a few criteria,

primarily financial need and income qualifications.

Many states have initiated grant programs to help lower income residents with the

purchase of their first home. The United States Department of Housing and Urban

Development (HUD) also provides grants to first time home buyers.

Funding for various state first time home buyer grants is nearly always available.

In fiscal year 2006, only two states exhausted their budgets for first time home

buyer grants.

A similar program was introduced in Australia from the 1 July 2000, where first

time home buyers can receive a $7,000 once off payment to offset the cost of GST.

While the program is offered nationwide, the scheme is funded by the states and

territories and subject to respective legislation.

1.22 Problems with First Time Home Buyer grants

Because a first time home buyer grant usually pushes up the amount that such a

buyer can borrow from a financial institution by more than the value of the grant,

in competitive housing markets where a majority of competing buyers will also

have access to the grant, the end result is that lower-end houses increase in price

also by more than the value of the grant, and first home buyers tend to accumulate

more debt than if the grant had not been available.

1.23 Fixer-Upper

A fixer-upper is a real-estate property that will require maintenance work

(redecoration, reconstruction or redesign) though it usually can be lived in as it is.

They are popular with buyers who wish to raise the property's potential value to get

a return on investment, a practice known as flipping, or as a starter home for

buyers on a budget. Home-improvement television shows touting do-it-yourself

renovation techniques have made fixer-uppers more popular, but during a real-

estate downturn, with newer homes available at depressed prices, there is often

reduced interest. Inexperienced buyers frequently underestimate the amount and

cost of repairs necessary to make a home livable or saleable.[1] Structural and

service issues such as a home's foundation or plumbing, which may not be visible

at first, can require expensive, professional contracting work.[1]

According to Jack C. Richards in his book Interchange (Third Edition) Volume

Three, the expression 'Fixer-Upper' describes a place for sale at a lower price

because it needs a lot of repairs.

1.24 Film and Television

Many comedy films have used fixer-upper renovations as a central part of the plot,

among them:

Are We Done Yet? (2007)

The Money Pit (1986)

Mr. Blandings Builds His Dream House (1948)

George Washington Slept Here (1942)

Flipping of rundown houses has also been the subject of various reality television

shows, including:

Flip That House

Flip This House

The Real Estate Pros

1.25 Long & Foster

Long & Foster (founded 1968) is the largest privately-owned real estate company

in the United States with over 15,000 agents in nearly 230 sales offices in the Mid-

Atlantic region.

P. Wesley Foster, the chief executive officer and one of the founders, began his

real estate career in 1963 as a sales manager at Michew Corporation, a home

building company. In 1966, he moved to Nelson Realty as vice-president of sales.

In 1968, he founded Long & Foster Companies with Henry Long. Long & Foster

began with Foster handling the residential real estate arm of the business and Long

handling the commercial side. Foster became the sole owner in July 1979, eleven

years after establishing Long & Foster.

Long & Foster has offices and associates in Virginia, Maryland, Washington, D.C.,

Pennsylvania, New Jersey, West Virginia, Delaware, and North Carolina. It

provides services including the sale and purchase of homes, land, and commercial

properties; mortgage, title, and insurance assistance; insurance offerings; and

relocation and settlement services.

1.26 Mixed-Use Development

Mixed-use development is the practice of allowing more than one type of use in a

building or set of buildings. In planning zone terms, this can mean some

combination of residential, commercial, industrial, office, institutional, or other

land uses.

1.27 History

Mixed-use development in New York City. Note the residential space above the

retail space in the same building.

Throughout most of human history, the majority of human settlements developed

as mixed-use environments. Walking was the primary way that people and goods

were moved about, sometimes assisted by animals such as horses or cattle. Most

people dwelt in buildings that were places of work as well as domestic life, and

made things or sold things from their own homes. Most buildings were not divided

into discrete functions on a room by room basis, and most neighborhoods

contained a diversity of uses, even if some districts developed a predominance of

certain uses, such as metalworkers, or textiles or footwear due to the socio-

economic benefits of propinquity. People lived at very high densities because the

amount of space required for daily living and movement between different

activities was determined by walkability and the scale of the human body. This

was particularly true in cities, and the ground floor of buildings was often devoted

to some sort of commercial or productive use, with living space upstairs.

This historical mixed-used pattern of development declined during industrialisation

in favor of large-scale separation of manufacturing and residences in single-

function buildings. This period saw massive migrations of people from rural areas

to cities drawn by work in factories and the associated businesses and

bureaucracies that grew up around them. These influxes of new workers needed to

be accommodated and many new urban districts arose at this time with domestic

housing being their primary function. Thus began a separating out of land uses that

previously had occurred in the same spaces. Furthermore, many factories produced

substantial pollution of various kinds. Distance was required to minimize adverse

impacts from noise, dirt, noxious fumes and dangerous substances. Even so, at this

time, most industrialized cities were of a size that allowed people to walk between

the different areas of the city.

These factors were important in the push for Euclidian zoning premised on the

compartmentalization of land uses into like functions and their spatial separation.

In Europe, advocates of the Garden City Movement were attempting to think

through these issues and propose improved ways to plan cities based on zoning

areas of land so that conflicts between land uses would be minimized. Modernist

architects such as Le Corbusier advocated radical rethinking of the way cities were

designed based on similar ideas, proposing plans for Paris such as the Plan Voisin,

Ville Contemporaine and Ville Radieuse that involved demolishing the entire

center of the city and replacing it with towers in a park-like setting, with industry

carefully sited away from other uses.

In the United States, another impetus for Euclidian zoning was the birth of the

skyscraper. Fear of buildings blocking out the sun led many to call for zoning

regulations, particularly in New York City. Zoning regulations, first put into place

in 1916, not only called for limits on building heights, but eventually called for

separations of uses. This was largely meant to keep people from living next to

polluted industrial areas. This separation, however, was extended to commercial

uses as well, setting the stage for the suburban style of life that is common in

America today. This type of zoning was widely adopted by municipal zoning

codes.

With the advent of mass transit systems, but especially the private automobile and

cheap oil, the ability to create dispersed, low-density cities where people could live

very long distances from their workplaces, shopping centres and entertainment

districts began in earnest. However, it has been the post-second World War

dominance of the automobile and the decline in all other modes of urban

transportation that has seen the extremes of these trends come to pass.

1.28 Benefits

Throughout the late 20th century, it began to become apparent to many urban

planners and other professionals that mixed-use development had many benefits

and should be promoted again. As American, British, Canadian and Australian

cities deindustrialized, the need to separate residences from hazardous factories

became less important. Completely separate zoning created isolated "islands" of

each type of development. In most cases, the automobile had become a

requirement for transportation between vast fields of residentially zoned housing

and the separate commercial and office strips, creating issues of Automobile

dependency. In 1961, Jane Jacobs' influential The Death and Life of Great

American Cities argued that a mixture of uses is vital and necessary for a healthy

urban area.

Zoning laws have been revised accordingly and increasingly attempt to address

these problems by using mixed-use zoning. A mixed use district will most

commonly be the "downtown" of a local community, ideally associated with public

transit nodes in accordance with principles of Transit-oriented development (TOD)

and New urbanism. Mixed use guidelines often result in residential buildings with

streetfront commercial space. Retailers have the assurance that they will always

have customers living right above and around them, while residents have the

benefit of being able to walk a short distance to get groceries and household items,

or see a movie.

1.29 Drawbacks

Mixed use development is seen as too risky by many developers and lending

institutions because economic success requires that the many different uses all

remain in business. Most development throughout the mid to late 20th century was

single-use, so many development and finance professionals see this as the safer and

more acceptable means to provide construction and earn a profit. Christopher B.

Leinberger notes that there are 19 standard real estate product types that can obtain

easy financing through real estate investment trusts. Each type, such as the office

park and the strip mall, is designed for low density, single use zoning. Another

issue is that short term discounted cash flow has become the standard way to

measure the success of income-producing development, resulting in "disposable"

suburban designs that make money in the short run but are not as successful in the

mid to long term as walkable, mixed use environments.

Mixed use commercial space is often seen as being best suited for retail and small

office uses. This precludes its widespread adoption as the trend to ever-larger

corporate and government employment accelerates.

Mixed use residential buildings and neighbourhoods seldom offer single-family

homes, thus are best suited to residents who prefer public amenities to private

space. The lack of backyards or other private outdoor space for children and pets is

anathema to some, particularly in some North American and Australian cultures.

Street hierarchy and other traffic calming measures intended to serve such

residental users may impede commercial traffic.

Construction costs for mixed-use development currently exceed those for similar sized, single-use

buildings. Challenges include fire separations, sound attenuation, ventilation, and egress. Leinberger

explains,

“ Good urban architecture costs upward of 50 percent more than typical

suburban buildings. In urban areas, residents and businesses demand a

higher quality of building, since you are walking past them, not driving by

at 45 miles an hour with the buildings set back 150 feet. ”

Additional costs arise from meeting the design needs: In some designs, the large,

high-ceilinged, columnless lower floor for commercial uses may not be entirely

compatible with the smaller scale of walled residential space above. Due to usually

higher densities in mixed-use developments and due to the commercial and/or

office component, parking space requirements are likely to exceed those of

residential development. Thus, mixed use projects that are not sited close to public

transit are likely to require a large number of parking spaces that may be difficult

to finance. (Note that this is equally true for any other higher-density development

remote from public transport; however, compared to residential zones this may be

a drawback due to higher initial investment required that only amortizes over the

medium and long-term.) It should be noted however that in mixed-use

developments in some denser areas, owning an automobile might be considered a

luxury rather than a necessity, especially if the area is well connected to public

transport. Therefore, others argue that mixed-use neighborhoods need less parking

space and are more efficient - however only if zoning regulations reflect this

condition and allow to provide for less parking (see Donald C. Shoup, The High

Cost of Free Parking). A notable example in the United States is Manhattan,

though this is an atypical case.

Others maintain that modern consumers prefer big box retailers, arguing that most

grocery shoppers today would prefer the convenience of weekly shopping, as

opposed to picking up each day's food items from a number of local shops. It is

however not clear whether this phenomena is the cause of attractive retailers or of

zoning regulations that do not permit mixed-use development so that small shops

are remote and, thus, inconvenient (see Jane Jacobs, The Death and Life of Great

American Cities). Moreover, it may be argued that people prefer to shop with

retailers because, due to single-use zoning, the local availability of goods through

convenience commercial is limited.

Chapter Two: New Urbanism

2.1 Introduction

New Urbanism is an urban design movement, which promotes walkable

neighborhoods that contain a range of housing and job types. It arose in the United

States in the early 1980s and continues to reform many aspects of real estate

development and urban planning.

New Urbanism is strongly influenced by urban design standards prominent before

the rise of the automobile and encompasses principles such as traditional

neighborhood design (TND) and transit-oriented development (TOD).[1] It is also

closely related to Regionalism and Environmentalism.

Market Street, Downtown Celebration, Florida

The organizing body for New Urbanism is the Congress for the New Urbanism,

founded in 1993. Its foundational text is the Charter of the New Urbanism, which

says:

We advocate the restructuring of public policy and development practices to

support the following principles: neighborhoods should be diverse in use and

population; communities should be designed for the pedestrian and transit as well

as the car; cities and towns should be shaped by physically defined and universally

accessible public spaces and community institutions; urban places should be

framed by architecture and landscape design that celebrate local history, climate,

ecology, and building practice.

New urbanists support regional planning for open space, context-appropriate

architecture and planning, and the balanced development of jobs and housing.

They believe their strategies can reduce traffic congestion, increase the supply of

affordable housing, and rein in urban sprawl. The Charter of the New Urbanism

also covers issues such as historic preservation, safe streets, green building, and the

redevelopment of brownfield land.

2.2 Background

New Urbanism draws from the design of older urban neighborhoods, like this one

in Venice, California.

Until the mid 20th century, cities were generally organized into and developed

around mixed-use walkable neighborhoods. For most of human history this meant

a city that was entirely walkable, although with the development of mass transit the

reach of the city extended outward along transit lines, allowing for the growth of

new pedestrian communities such as streetcar suburbs. But with the advent of

cheap automobiles and favorable government policies, attention began to shift

away from cities and towards ways of growth more focused on the needs of the

car.

This new system of development, with its rigorous separation of uses, became

known as "conventional suburban development" or pejoratively as urban sprawl,

arose after World War II. The majority of U.S. citizens now live in suburban

communities built in the last fifty years. Suburban development consumes large

areas of countryside, and automobile use per capita has soared.

Although New Urbanism as an organized movement would only arise later, a

number of activists and thinkers soon began to criticize the modernist planning

techniques being put into practice. Social philosopher and historian Lewis

Mumford criticized the "anti-urban" development of post-war America. The Death

and Life of Great American Cities, written by Jane Jacobs in the early 1960s,

called for planners to reconsider the single-use housing projects, large car-

dependent thoroughfares, and segregated commercial centers that had become the

"norm."

Rooted in these early dissenters, New Urbanism emerged in the 1970s and 80s

with the urban visions and theoretical models for the reconstruction of the

"European" city proposed by architect Leon Krier, and the "pattern language"

theories of Christopher Alexander.

In 1991, the Local Government Commission, a private nonprofit group in

Sacramento, California, invited architects Peter Calthorpe, Michael Corbett,

Andrés Duany, Elizabeth Moule, Elizabeth Plater-Zyberk, Stefanos Polyzoides,

and Daniel Solomon to develop a set of community principles for land use

planning. Named the Ahwahnee Principles (after Yosemite National Park's

Ahwahnee Hotel), the commission presented the principles to about one hundred

government officials in the fall of 1991, at its first Yosemite Conference for Local

Elected Officials.

Calthorpe, Duany, Moule, Plater-Zyberk, Polyzoides, and Solomon founded the

Chicago-based Congress for the New Urbanism in 1993. The CNU has grown to

more than 3,000 members, and is the leading international organization promoting

new urbanist design principles. It holds annual Congresses in various U.S. cities.

New Urbanism is a broad movement that spans a number of different disciplines

and geographic scales. And while the conventional approach to growth remains

dominant, New Urbanist principles have become increasingly influential in the

fields of planning, architecture, and public policy.

2.3 Defining Elements

Prospect New Town in Longmont, Colorado, showing a mix of aggregate housing

and traditional detached homes

The husband-wife team of town planners Andrés Duany and Elizabeth Plater-

Zyberk, two of the founders of the Congress for the New Urbanism, met at

Princeton University. Their beliefs coalesced while at the Yale School of

Architecture in New Haven. While living in one of New Haven's Victorian

neighborhoods, they observed mixed-use streetscapes with corner shops, front

porches, and a diversity of well-crafted housing. According to Duany and Plater-

Zyberk, the heart of New Urbanism is in the design of neighborhoods, which can

be defined by thirteen elements:

1. The neighborhood has a discernible center. This is often a square or a green and

sometimes a busy or memorable street corner. A transit stop would be located at

this center.

2. Most of the dwellings are within a five-minute walk of the center, an average of

roughly 1/4 mile or 1,320 feet (0.4 km).

3. There are a variety of dwelling types — usually houses, rowhouses, and

apartments — so that younger and older people, singles, and families, the poor,

and the wealthy may find places to live.

4. At the edge of the neighborhood, there are shops and offices of sufficiently

varied types to supply the weekly needs of a household.

5. A small ancillary building or garage apartment is permitted within the backyard

of each house. It may be used as a rental unit or place to work (for example, an

office or craft workshop).

6. An elementary school is close enough so that most children can walk from their

home.

7. There are small playgrounds accessible to every dwelling — not more than a

tenth of a mile away.

8. Streets within the neighborhood form a connected network, which disperses

traffic by providing a variety of pedestrian and vehicular routes to any

destination.

9. The streets are relatively narrow and shaded by rows of trees. This slows traffic,

creating an environment suitable for pedestrians and bicycles.

10.Buildings in the neighborhood center are placed close to the street, creating a

well-defined outdoor room.

11.Parking lots and garage doors rarely front the street. Parking is relegated to the

rear of buildings, usually accessed by alleys.

12.Certain prominent sites at the termination of street vistas or in the neighborhood

center are reserved for civic buildings. These provide sites for community

meetings, education, and religious or cultural activities.

13.The neighborhood is organized to be self-governing. A formal association

debates and decides matters of maintenance, security, and physical change.

Taxation is the responsibility of the larger community.

2.3 Examples

United States

Grande Market Square in Burnsville, Minnesota. Small scale redevelopment in

suburban communities are often done in new urbanist style.

New urbanism is having a growing influence on how and where metropolitan

regions choose to grow. At least fourteen large-scale planning initiatives are based

on the principles of linking transportation and land-use policies, and using the

neighborhood as the fundamental building block of a region.[citation needed]

More than six hundred new towns, villages, and neighborhoods in the U.S.

following new urbanism principles are planned or under construction. Hundreds of

new, small-scale, urban and suburban infill projects are under way to reestablish

walkable streets and blocks. In Maryland and several other states, new urbanist

principles are an integral part of "smart growth" legislation.

In the mid-1990s, the U.S. Department of Housing and Urban Development

(HUD) adopted the principles of the new urbanism in its multi-billion dollar

program to rebuild public housing projects nationwide. New urbanists have

planned and developed hundreds of projects in infill locations. Most were driven

by the private sector, but many, including HUD projects, used public money.

Seaside

Seaside, Florida, the first fully new urbanist town, began development in 1981 on

eighty acres (324,000 m²) of Florida Panhandle coastline. It was featured on the

cover of the Atlantic Monthly in 1988, when only a few streets were completed,

and has become internationally famous for its architecture, and the quality of its

streets and public spaces.

Seaside is now a tourist destination and appeared in the movie The Truman Show.

Lots sold for $15,000 in the early 1980s, and slightly over a decade later, the price

had escalated to about $200,000. Today, most lots sell for more than a million

dollars, and some houses top $5 million.

Stapleton

The site of the former Stapleton International Airport in Denver, Colorado, closed

in 1995, is now being redeveloped by Forest City Enterprises is one of the largest

new urbanist project in the United States. Construction began in 2001. The new

community is zoned for residential and commercial development, including office

parks and "big box" shopping centers. Stapleton is by far the largest neighborhood

in the city of Denver and an eastern portion of the redevelopment site lies in the

neighboring city of Aurora.

The design emphasizes a pedestrian orientation rather than the automobile-oriented

designs found in many other planned developments. Nearly a third of the airport

site was set aside for public parks and open space.

Stapleton is the site of the Denver School for Science and Technology, a 451-

student public high school (grades 9-12) that is a charter school.[5]

By the end of 2006, about 2,500 houses and more than 300 apartments had been

built on the Stapleton site.[6] When complete in about 15 years, it is expected to

provide 8,000 houses, 4,000 apartments, 4 schools and 2 million square feet

(180,000 m²) of retail space. Up to 30,000 people could live there.[7] Northfield

Stapleton, one of the development's major retail centers, recently opened.

All of Stapleton's airport infrastructure has been removed except for the control

tower and a parking structure which remain standing as a reminder of the site's

former days.

Mesa del Sol

Mesa del Sol, in Albuquerque, New Mexico (Massive Masterplanned Community)

a 12,900-acre mixed-use is currently being developed by Forest City Enterprises as

the largest new urbanist project in the United States. Mesa del Sol has currently

3,000 jobs and will have approximately 40,000 jobs created over 35-50 buildout

and 18 million square feet of office, industrial and retail space.Mesa del Sol will

offer a variety of home-types including town homes, condominiums, apartments,

single-family houses and semi-custom homes as well are planning for community

centers, schools, family parks and access to jobs.Mesa del Sol will be build on 20

square miles of land and will have 37,500 homes for 100,000 residents build over

master plan of 35 to 50 years and will set aside 3,200 acres for parks and open

space. The first homes at Mesa del Sol are scheduled for touring late in 2009, with

homebuyers moving in as early as 2010, Home prices will reflect a wide range,

from approximately $125,000 to $300,000 dollars.Mesa del Sol first town center

that will be build in the first phaseselected world-renowned architect Antoine

Predock, AIA, of Albuquerque to design a 78,000-square-foot mixed-use town

center building. The town center, which began construction in 2008, this will be

first the hub for Mesa del Sol and will house a visitor center, business office space

and retail businesses. The town center will have The features a curved glass facade

and Video clips will be produced by Sony, a Mesa del Sol tenant, as well as aerial

images of the town will be projected onto a 60-foot-tall by 280-foot-wide double-

walled screen that arcs in a 360-foot radius. This curved silicon glass element is the

curtain wall. It mitigates solar gain through a combination of low-e coatings,

interior solar shades, and a customized silk-screen ceramic frit pattern derived

from a bone’s internal lattice structure.The Architect of will have features a curtain

wall whose ceramic frit controls daylight transmission, during the day, and serves

as a film project screen at night.The first town center will be a L-shaped structure

that has ground-level shops and restaurants with and a two-story covered open-air

public zone for meetings and gatherings, in addition four large villiges center and a

urban center are all plan for local shopping.Mesa del Sol also has 14 schools

planned including 3 combine middle through high schools plans plus charter,

private schools, colleges, unversity branch.

Quay Valley Ranch

Quay Valley Ranch- is proposed $25 billion dollars planned community consisting

of about 13,172 acres acres or 20 square mile for 150,000 residents with 45,000

jobs and 50,000 homes thatt would be built in Five phases over 25 years in

unincorporated Kings County, California, located approximately halfway between

or 2.5 hours to Los Angeles and 2.5 hours to San Francisco,It will be a model town

for the 21st Century — a self-sustaining community that seamlessly melds the best

qualities of "New Urbanism" with the traditions of the San Joaquin Valley's small

rural towns, while carefully preserving the natural surroundings of the area. It

propoThe community would include a water park, resort hotels and a convention

center. There would be a university research campus, a trucking hub, a driving

school for novices and race car drivers, manmade rivers and canals, restored

wetlands, set aside land permanently for organic agriculture,Amusement and theme

park,a 50,000 seat racetrack, an auto mall,Regional retail centers,town center with

river walk, 30,000,000 feet of commerical, industrial land, farms, houses, schools

and a medical centers.The planned community is being organized by over 250

Planning Team Members by Kings County Ventures, LLC, a limited liability

company incorporated and registered in California that has put project on hold.

Here the video of town to be:http://www.quayvalley.com/entertainmentvideo.html

Haile Plantation

Haile Plantation, Florida, is a 2,600 household (1,700 acre) development of

regional impact southwest of the City of Gainesville, within Alachua County. Haile

Village Center is a traditional neighborhood center within the development. It was

originally started in 1978 and completed in 2007. In addition to the 2,600 homes

the neighborhood consists of two merchant centers (one a New England narrow

street village and the other a chain grocery strip mall). There are also two public

elementary schools and an 18-hole golf course.

Disney's Celebration, Florida

In June 1996, the Walt Disney Company unveiled its 5,000 acre (20 km²) town of

Celebration, near Orlando, Florida. Celebration opened its downtown in October,

1996, while Seaside's downtown was still mostly unbuilt. It has since eclipsed

Seaside as the best-known new urbanist community, but Disney shuns the label,

calling Celebration simply a "town." Disney has been criticized for insipid

nostalgia, and heavy-handed rules and management.[

Other countries

View of Poundbury, Dorset, UK

New Urbanism is closely related to the Urban village movement in Europe. They

both occurred at similar times and share many of the same principles although

urban villages has an emphasis on traditional city planning. In Europe many

brown-field sites have been redeveloped since the 1980s following the models of

the traditional city neighbourhoods rather than Modernist models. One well-

publicized example is Poundbury in England, a suburban extension to the town of

Dorchester, which was built on land owned by the Duchy of Cornwall under the

overview of Prince Charles. The original masterplan was designed by Leon Krier.

A report carried out after the first phase of construction found a high degree of

satisfaction by residents, although the aspirations to reduce car dependency had not

been successful. Rising house prices and a perceived premium have made the open

market housing unaffordable for many local people.[8]

The Council for European Urbanism (C.E.U.), formed in 2003, shares many of the

same aims as the US New Urbanists. C.E.U.'s Charter is a development of the

Congress for the New Urbanism Charter revised and reorganised to relate better to

European conditions. An Australian organisation, Australian Council for New

Urbanism has since 2001 run conferences and events to promote new urbanism in

that country. A New Zealand Urban Design Protocol was created by the Ministry

for the Environment in 2005.

There are many developments around the world that follow New Urbanist

principles to a greater or lesser extent:

Orchid Bay, Belize is one of the largest New Urbanist projects in Central

America and the Caribbean.

Val d'Europe, east of¨Paris, France. Developed by Disneyland Resort Paris, this

town is a kind of European counterpart to Walt Disney World Celebration City.

McKenzie Towne is a new urbanist development which commenced in 1995 by

Carma Developers LP in Calgary and has an expected completion of 2011.

The Alta de Lisboa project, in north Lisbon, Portugal, is one of the largest new

urbanist projects in Europe.

The structure plan for Thimphu, Bhutan, follows Principles of Intelligent

Urbanism, which share underlying axioms with the New Urbanism.

Jakriborg, in Southern Sweden, is a recent example of the new urbanist

movement.

Other developments can be found in Heulebrugge, the Netherlands; Knokke-

Heist, in Belgium; and Fonti di Matilde, Italy.

There are several such developments in South Africa. The most notable is Melrose

Arch in Johannesburg. The first development in the Eastern Cape, one of the lesser

known provinces in the country, is located in East London. The development,

announced in 2007, comprises 30 hectares. It is made up of three apartment

complexes together with over 30 residential site as well as 20,000 sqm of

residential and office space. The development is valued at over R2-billion ($250

million).

Abuja, Nigeria

Abuja, Nigeria is the new capital city of Nigeria. This is a city that has its concept

has far back as 1976 during Late General Murtala Muhammed. The capital city of

Nigeria was finally located in the year 1997 when General Ibrahim Babangida

became the Head of State. It was a modern city with world class facility. The

initiative mind is to decongest Lagos and to serve as the administrative center as

Lagos remained the commercial center of Nigeria.

2.3 New Urbanist Organizations

The primary organization promoting the New Urbanism in the United States is the

Congress for the New Urbanism (CNU). The Congress has met annually since

1993 when they held their first meeting in Alexandria, VA with approximately 100

attendees. By 2008 the Congress was drawing 2,000 to 3,000 attendees to the

annual meetings. The Congress began forming local and regional chapters circa

2004 with the founding of the New England and Florida Chapters. By 2009 there

were 12 official chapters and interest groups for 11 more.

While the CNU has international participation, sister organizations have been

formed in other areas of the world including the Council for European Urbanism

(CEU), the Movement for Israeli Urbanism (MIU) and the Australian Council for

the New Urbanism.

By 2002 student chapters referring to themselves as Students for the New

Urbanism began appearing at universities including the University of Georgia,

Notre Dame University, and the University of Miami. In 2003, a group of younger

professionals and students met at the 11th Congress in Washington, D.C. and

began developing a "Manifesto of the Next Generation of New Urbanists". The

Next Generation of New Urbanists held their first major session the following year

at the 12th meeting of the CNU in Chicago in 2004. The group has continued

meeting annually as of 2009 with a focus on young professionals, students, new

member issues, and ensuring the flow of fresh ideas and diverse viewpoints within

the New Urbanism and the CNU. Spin off projects of the New Generation of the

New Urbanists include the Living Urbanism publication first published in 2008.

The CNU has spawned publications and research groups. Publications include the

New Urban News and the New Town Paper. Research groups have formed

independent nonprofits to research individual topics such as the Form-Based Codes

Institute, The National Charrette Institute and the Center for Applied Transect

Studies.

In the United Kingdom New Urbanist and European urbanism principles are

practiced and taught by the The Prince's Foundation for the Built Environment.

Other organisations promote New Urbanism as part of their remit, such as

INTBAU, A Vision of Europe, and others.

The CNU and other national organizations have also formed partnerships with like-

minded groups. Organizations under the banner of Smart Growth also often work

with the Congress for the New Urbanism. In addition the CNU has formed

partnerships on specific projects such as working with the [United States Green

Building Council] and the National Resources Defense Council to develop the

Leadership in Energy and Environmental Design for Neighborhood Development

standards and with the Institute of Transportation Engineers to develop a Context

Sensitive Solutions (CSS) Design manual.

2.4 New Urbanism in Film

The 1998 fantasy comedy-drama film The Truman Show uses the real life New

Urbanist town of Seaside, Florida as the setting for a perfect, fictional town

constructed as a set for a television show. The 2004 documentary The End of

Suburbia: Oil Depletion and the Collapse of the American Dream argues that the

depletion of oil will result in the demise of the sprawl-type development. [9] New

Urban Cowboy: Toward a New Pedestrianism, a feature length 2008 documentary

about urban designer Michael E. Arth, explains the principles of his New

Pedestrianism, a more ecological and pedestrian-oriented version of New

Urbanism. The film also gives a brief history of New Urbanism, and chronicles the

rebuilding of an inner city slum into a model of New Urbanism.

2.5 Criticisms

New urbanism has drawn both praise and criticism from all quarters of the political

spectrum. Some libertarians and fiscal conservatives view new urbanism as a

collectivist plot designed to rob Americans of their civil freedoms, property rights,

and free-flowing traffic.

Perhaps the most frequent criticism of the movement is that the most famous and

highest-profile projects most associated with the movement (primarily Celebration,

Kentlands, and Seaside) are all greenfield projects built on what was previously

open space and therefore are just another form of sprawl. (The city of Hercules on

the other hand is developing its New Urbanism communities on brownfields.)

Critics react to this as a controlled sprawl that assumes that social situations can

and should also be controlled, such that preconceived rules of what a town need be

are first worked out on paper and then acted out in real space. Often the results are

elitist and exclusionary, and are almost always conservative in nature.

Although the current use of non-mixed ghettoed social housing projects have been

a dismal failure, critics claim that the effectiveness of the New Urbanist solution of

mixed income developments lacks statistical evidence. However, numerous studies

by independent think tanks provide support to the basis for addressing poverty

through mixed-income developments, because these developments facilitate the

bridging of social capital, and thus provide for a higher shared quality of life across

socioeconomic cleavages.

A stream of thought in sustainable development maintains that sustainability is

based primarily on the combination of high density and transit service. Critics

claim many new urbanist developments fall short of being truly sustainable, to the

extent that they rely on automobile transport, and serve the detached single family

housing market. Many new urbanists claim that this is an incentive that prepares

people in transition from conventional suburban living to going back to downtown

living.

The New Urbanist preference for 'permeable' street grids has been criticized on the

grounds that it gives private motor vehicles an advantage over walking, cycling

and public transport. The transport performance of some New Urbanist

developments, such as Poundbury has been disappointing, with surveys revealing

high levels of car use. The alternative view, termed 'filtered permeability' (see

Permeability (spatial and transport planning)) is that to give pedestrians and

cyclists a time and convenience advantage, they need to be separated from motor

vehicles in places.

A forthcoming rating system for neighborhood environmental design, LEED-ND,

being developed by the U.S. Green Building Council, Natural Resources Defense

Council, and the Congress for the New Urbanism [1], should help to quantify the

sustainability of New Urbanist neighborhood design. New Urbanist and board

member of CNU, Doug Farr has taken a step further and coined Sustainable

Urbanism, which combines New Urbanism and LEED-ND to create walkable,

transit-served urbanism with high performance buildings and infrastructure. While

New Urbanism seeks to create walkable communities, it lacks an emphasis on

requiring these communities to participate in the green building movement.

2.6 Multiple Listing Service

A Multiple Listing Service (MLS) (also Multiple Listing System or Multiple

Listings Service) is a suite of services that (1) enables brokers to establish

contractual offers of compensation (among brokers); (2) facilitates cooperation

with other broker participants; (3) accumulates and disseminates information to

enable appraisals; (4) is a facility for the orderly correlation and dissemination of

listing information to better serve broker's clients, customers and the public. A

multiple listing service's database and software is used by real estate brokers in real

estate (or aircraft broker[citation needed] in other industries for example), representing

sellers under a listing contract to widely share information about properties with

other brokers who may represent potential buyers or wish to cooperate with a

seller's broker in finding a buyer for the property or asset. The listing data stored in

a multiple listing service's database is the proprietary information of the broker

who has obtained a listing agreement with a property's seller.

There is no single authoritative "MLS", and no universal data format. However, in

real estate there is a data standard - Real Estate Transaction Standard - that is being

deployed among many[who?] MLS's in North America.[1] The many local and private

databases—some of which are controlled by single associations of realtors or

groupings of associations (which represent all brokers within a given community

or geographical area) or by real estate brokers—are collectively referred to as the

MLS because of their data sharing or reciprocal access agreements.

Seen most widely in the US and Canada but spreading to other countries in a

variety of forms, the MLS combines the listings of all available properties that are

represented by brokers who are both members of that MLS system and of NAR or

CREA, (the National Association of Realtors in the US or the Canadian Real

Estate Association).

The primary purpose of the MLS is to provide a facility to publish a "unilateral

offer of compensation" by a listing broker, to other broker participants in that

MLS. In other words, the commission rate that is offered by the listing broker is

published within the MLS to other cooperating brokers. This offer of compensation

is considered a contractual obligation, however it can be negotiated between the

listing broker and the broker representing the buyer. Since the commission for a

transaction as well as the property features are contained in the MLS system, it is

in the best interests of the broker participants (and thereby the public) to maintain

accurate and timely data.

The additional benefit of the MLS system is that an MLS subscriber may search

the MLS system and retrieve information about all homes for sale by all

participating brokers. MLS systems contain hundreds of fields of information

about the features of a property. These fields are determined by real estate

professionals who are knowledgeable and experienced in that local marketplace.

Whereas public real estate websites contain only a small subset of property data.

In North America, the MLS systems are governed by private entities, and the rules

are set by those entities with no state or federal oversight, beyond any individual

state rules regarding real estate. MLS systems set their own rules for membership,

access, and sharing of information, but are subject to nationwide rules laid down

by NAR or CREA. An MLS may be owned and operated by a real estate company,

a county or regional real estate board of realtors or association of realtors, or by a

trade association. Membership of the MLS is generally considered to be essential

to the practice of real estate brokerage.

2.7 Limitations Of Access To The MLS

Most MLS systems restrict membership and access to real estate brokers (and their

agents) who are appropriately licensed by the state (or province); are members of a

local board or association of realtors; and are members of the trade association

(e.g., NAR or CREA). However, access is becoming more open as internet sites

offer the public the ability to view portions of MLS listings (see below).

A person selling his/her own property - acting as a For Sale By Owner (or FSBO) -

cannot generally put a listing for the home directly into the MLS. An example of

an exception to this general practice is the MLS for Spain, [AMLASpain], where

FSBO listing are allowed.) Similarly, a properly licensed broker who chooses to

neither join the trade association nor operate a business within the association's

rules, cannot join the MLS.

However, there are brokers and many online services which offer FSBO sellers the

option of listing their property in their local MLS database by paying a flat fee or

another non-traditional compensation method.

2.8 MLS Systems in North America

Canada

In Canada, MLS is a cooperative system for the 82,000+ members of the Canadian

Real Estate Association (CREA), working through Canada's 99 real estate boards

and 11 provincial/territorial associations.

The Real Estate Board of Greater Vancouver (REBGV) claims to have pioneered

the first MLS in Canada.[4]

A publicly accessible website (at realtor.ca, formerly mls.ca) allows consumers to

search an aggregated subset of each participating board's MLS database of active

listings, providing limited details and directing consumers to contact a Realtor for

more information.

United States

The largest MLS in the United States is currently the Washington, DC region's

Metropolitan Regional Information Systems, Inc (MRIS) covering Washington

DC, most of Maryland (including the Chesapeake Bay counties) and suburban

Virginia counties, and parts of West Virginia and Pennsylvania. As of late May

2008, it has about 55,600 active members, according to the public access sections

of its website,[6] although numbers vary according to when accessed.

New York City

Although the other boroughs and Long Island have an MLS, MLS has never taken

hold in Manhattan. A small group of brokers formed the Manhattan Association of

Realtors and operate MLSManhattan.com. MLSManhattan has a small fraction of

the total active inventory in Manhattan. The Bronx Manhattan North MLS also

offers coverage in Northern Manhattan. It too has failed to acquire widespread

adoption by brokers.

The prevalent database is operated by the Real Estate Board of New York

(REBNY), a non-Realtor entity that suceded from the National Association of

Realtors in the 1980s. REBNY operates a database called RLS which stands for

REBNY Listing Service. A predecessor of RLS was marketed as R.O.L.E.X

(REBNY Online Listing Exchange), before Rolex Watches claimed trademark

infringement.

Unlike MLS, RLS does not have under contract, sold or days on market data, nor

does it have rental listings. RLS is more of a Gateway of Active listings. There is

no single database. The RLS gateway is populated by several private databases that

include Online Residential (OLR) and Realplus a proprietary database exclusive to

a few large Manhattan Brokers. These databases exchange data continually

effectively creating several separate systems with essentially similar data. Another

vendor, Klickads, Inc D/B/A Brokers NYC, owned by Lala Wang sued in 2007 to

be included in the list of firms permitted to participate in the Gateway.

Most Manhattan brokerages are members of REBNY. The REBNY RLS requires

all listings to be entered and disseminated within 24 hours (Until 2007 72 Hours to

accommodate agencies without weekend data

entry)https://members.rebny.com/jsp/member/docs/manual/Residential_Resolution

.pdf

2.9 Policies on Sharing MLS data in the USA

The National Association of Realtors (NAR) has set policies that permit brokers to

show limited MLS information on their websites under a system known as IDX or

Internet Data Exchange. NAR has an ownership interest in Move Inc., the

company which operates a website that has been given exclusive rights to display

significant MLS information. The site is Realtor.com.

Using IDX search tools available on most real estate brokers' websites (as well as

on many individual agents' sites), potential buyers may view properties available

on the market, using search features such as location, type of property (single

family, lease, vacant land, duplex), property features (number of bedrooms and

bathrooms), and price ranges. In some instances photos can be viewed. Many allow

for saving search criteria and for daily email updates of newly-available properties.

However, if a potential buyer finds a property, he/she will still need to contact the

listing agent (or their own agent) to view the house and make an offer.

The U.S. Department of Justice filed an antitrust lawsuit in September 2005

against the National Association of Realtors over NAR's policy which allowed

brokers to restrict access to their MLS information from appearing on the websites

of certain brokers which operate solely on the web.[7] This policy applied to

commercial entities which are also licensed brokerages, such as HomeGain, which

solicit clients by internet advertising and then provide referrals to local agents in

return for a fee of 25% to 35% of the commission.

The DOJ's antitrust claims also include NAR rules that exclude certain kinds of

brokers from membership in MLSs. NAR has revised its policies on allowing

access on web sites operated by member brokers and others to what might be

considered as proprietary data.[8]

The case was settled in May 2008, with NAR agreeing that Internet brokerages

would be given access to all the same listings that traditional brokerages are.[9]

2.9 Origin of the MLS

According to the National Association of REALTORS:

"In the late 1800s, real estate brokers regularly gathered at the offices of their local

associations to share information about properties they were trying to sell. They

agreed to compensate other brokers who helped sell those properties, and the first

MLS was born, based on a fundamental principal that's unique to organized real

estate: Help me sell my inventory and I'll help you sell yours."

Alternatives And Changes To The MLS System

Up until 1968 almost all brokers involved in transactions represented the seller,

either as the seller's agent or as the sub-agent of the listing broker. The seller paid

the listing broker who, in turn, was responsible for compensating the broker

working with the buyer. The MLS was intended to be a simple system that

benefited everyone, including both the buyers and sellers.

The 2005 Justice Department antitrust lawsuit against the National Association of

Realtors threatens the exclusivity MLS services in the US. If this case undermines

MLS exclusivity, open internet MLS systems may begin to thrive, perhaps

combined with Web 2.0 technologies such as social networking, allowing buyers

and sellers to interact without the need for an agent.

MLS Systems Worldwide

Although many countries are lacking regulations regarding real estate transactions,

lately there are attempts to align with those in developed markets. A special case

may be Italy which is developing the first international MLS. Its multilingual

interface, which translates property details and all the web pages instantly and

automatically into 8 languages, allows estate agents to share their property listings

with other estate agents around the world. The platform links over 1000 real estate

agents and over 40000 offers from 16 countries worldwide.

Europe

In certain European countries, most notably in Spain. The Spanish MLS website is

www.mls.es[3]

Real estate agents pay subscription fees to an MLS company which then allow

property listings to be uploaded onto their servers. Also, all subscribing real estate

agents create a property search link on their own websites which links directly to

the MLS service. Thus, any site visitor to any of the subscribing agents' sites will

be able to find all properties listed on the MLS servers, even though they are

visiting the website of a single agent. In effect, every single subscribing real estate

agent appears to be offering exactly the same properties for sale, not unlike the

situation with IDX systems in the United States.

When buyers use the internet to find property, often using Google, the search

results usually provide a list of real estate agents’ websites in the locality which is

being searched. The buyer clicks through the various websites and starts browsing

properties of interest, although every site visited is offering the same properties

because they are all linked to the same MLS server.

The buyer then has to choose an agent (again, not very different from elsewhere),

but it does force the buyer to make a decision, since all agents in the area have

access to all properties and the seller's agent will benefit regardless of who brings

the buyer, again very like the US.

Although there are currently no regulations in Europe in relation to MLS, it may be

a matter of time before its use may be viewed as a restrictive practice designed to

benefit real estate agents, rather than consumers.

Chapter Three: Principles of Intelligent Urbanism

3.1 Introduction

Principles of Intelligent Urbanism (PIU) is a theory of urban planning composed of

a set of ten axioms intended to guide the formulation of city plans and urban

designs. They are intended to reconcile and integrate diverse urban planning and

management concerns. These axioms include environmental sustainability,

heritage conservation, appropriate technology, infrastructure efficiency,

placemaking, "Social Access," transit oriented development, regional integration,

human scale, and institutional integrity.

The PIU evolved from the city planning guidelines formulated by the International

Congress of Modern Architecture (CIAM), the urban design approaches developed

at Harvard's pioneering Urban Design Department under the leadership of Josep

Lluis Sert, and the concerns enunciated by Team Ten. It is most prominently seen

in plans prepared by Christopher Charles Benninger and his numerous colleagues

in the Asian context (Benninger 2001). They form the elements of the planning

curriculum at the School of Planning, Ahmedabad, which Benninger founded in

1971. They were the basis for the new capital plan for Thimphu, Bhutan.

3.2 Axioms

Principle One: A Balance with Nature

According to proponents of Intelligent Urbanism, balance with nature emphasizes

the distinction between utilizing resources and exploiting them. It focuses on the

thresholds beyond which deforestation, soil erosion, aquifer depletion, siltation and

flooding reinforce one another in urban development, saving or destroying life

support systems. The principle promotes environmental assessments to identify

fragile zones, threatened ecosystems and habitats that can be enhanced through

conservation, density control, land use planning and open space design (McCarg:

1975). This principle promotes life cycle building energy consumption and

pollutant emission analysis.

This principle states there is a level of human habitation intensity wherein the

resources that are consumed will be replaced through the replenishing natural

cycles of the seasons, creating environmental equilibrium. Embedded in the

principle is contention that so long as nature can resurge each year; so long as the

biomass can survive within its own eco-system; so long as the breeding grounds of

fauna and avifauna are safe; so long as there is no erosion and the biomass is

maintained, nature is only being utilized.

Underlying this principle is the supposition that there is a fragile line that is

crossed when the fauna, which cross-fertilizes the flora, which sustains the soil,

which supports the hillsides, is no longer there. Erosion, siltation of drainage

networks and flooding result. After a point of no return, utilization of natural

resources will outpace the natural ability of the eco-system to replenish itself. From

there on degradation accelerates and amplifies. Deforestation, desertification,

erosion, floods, fires and landslides all increase.

The principle states that blatant "acts against nature" include cutting of hillside

trees, quarrying on slopes, dumping sewage and industrial waste into the natural

drainage system, paving and plinthing excessively, and construction on steep

slopes. This urban theory proposes that the urban ecological balance can be

maintained when fragile areas are reserved, conservation of eco-systems is

pursued, and low intensity habitation precincts are thoughtfully identified. Thus,

the principles operate within the balance of nature, with a goal of protecting and

conserving those elements of the ecology that nurture the environment. Therefore,

the first Principle of Intelligent Urbanism is that urbanization be in balance with

nature.

Principle Two: A Balance with Tradition

Balance with Tradition is intended to integrate plan interventions with existing

cultural assets, respecting traditional practices and precedents of style (Spreiregen:

1965). This urban planning principle demands respect for the cultural heritage of a

place. It seeks out traditional wisdom in the layout of human settlements, in the

order of building plans, in the precedents of style, in the symbols and signs that

transfer meanings through decoration and motifs. This principle respects the order

engendered into building systems through years of adaptation to climate, to social

circumstances, to available materials and to technology. It promotes architectural

styles and motifs designed to communicate cultural values.

This principle calls for orienting attention toward historic monuments and heritage

structures, leaving space at the ends of visual axis to “frame” existing views and

vistas. Natural views and vistas demand respect, assuring that buildings do not

block major sight lines toward visual assets.

Embedded in the principle is the concern for unique cultural and societal

iconography of regions, their signs and symbols. Their incorporation into the

spatial order of urban settings is promoted. Adherents promote the orientation and

structuring of urban plans using local knowledge and meaning systems, expressed

through art, urban space and architecture.

Planning decisions must operate within the balance of tradition, aggressively

protecting, promoting and conserving generic components and elements of the

urban pattern.

Principle Three: Appropriate Technology

Appropriate technology emphasizes the employment of building materials,

construction techniques, infrastructural systems and project management which are

consistent with local contexts. People's capacities, geo-climatic conditions, locally

available resources, and suitable capital investments all temper technology. Where

there are abundant craftspeople, labour intensive methods are appropriate. Where

there is surplus savings, capital intensive methods are appropriate. For every

problem there is a range of potential technologies, which can be applied, and an

appropriate fit between technology and other resources must be established.

Proponents argue that accountability and transparency are enhanced by overlaying

the physical spread of urban utilities and services upon electoral constituencies,

such that people’s representatives are interlinked with the urban technical systems

needed for a civil society. This principle is in sync with "small is beautiful"

concepts and with the use of local resources.

Principle Four: Conviviality

The fourth principle sponsors social interaction through public domains, in a

hierarchy of places, devised for personal solace, companionship, romance,

domesticity, "neighborliness," community and civic life (Jacobs:1993). According

to proponents of Intelligent Urbanism, vibrant societies are interactive, socially

engaging and offer their members numerous opportunities for gathering and

meeting one another. The PIU maintain that this can be achieved through design

and that society operates within hierarchies of social relations which are space

specific. The hierarchies can be conceptualized as a system of social tiers, with

each tier having a corresponding physical place in the settlement structure.

A Place for The Individual

A goal of Intelligent Urbanism is to create places of solitude. These may be in

urban forests, along urban hills, beside quiet streams, in public gardens and in

parks where one can escape to meditate and contemplate. According to proponents,

these are the quiet places wherein the individual consciousness dialogues with the

rational mind. Idle and random thought sorts out complexities of modern life and

allows the obvious to emerge. It is in these natural settings that the wandering mind

finds its measure and its balance. Using ceremonial gates, directional walls and

other “silent devices” these spaces are denoted and divined. Places of the

individual cultivate introspection. These spaces may also be the forecourts and

interior courtyards of public buildings, or even the thoughtful reading rooms of

libraries. Meditation focuses thought and sharpens one’s control over the conscious

world. Intelligent urbanism creates a domain for the individual to mature through

self-analysis and self-realization.

A Place for Friendship

The axiom insists that in city plans there must be spaces for “beautiful, intimate

friendship” where unfettered dialogue can happen. This principle insists that such

places will not exist naturally in a modern urban fabric. They must be a part of the

conscientious design of the urban core, of the urban hubs, of urban villages and of

neighborhoods, where people can meet with friends and talk out life’s issues,

sorrows, joys and dilemmas. This second tier is important for the emotional life of

the populace. It sponsors strong mental health within the people, creating places

where friendship can unfold and grow.

A Place for Householders

There must be spaces for householders, which may be in the form of dwellings for

families, or homes for intimate companions, and where young workmates can form

a common kitchen. Whatever their compositions, there must be a unique domain

for social groups, familiar or biological, which have organized themselves into

households. These domestic precincts are where families live and carry out their

day-to-day functions of life. This third tier of conviviality is where the individual

socializes into a personality.

Housing clusters planned according to this axiom create a variety of household

possibilities, which respond to a range of household structures and situations. It

recognizes that households transform through the years, requiring a variety of

dwellings types that respond to a complex matrix of needs and abilities, which are

provided for in city plans.

A Place for The Neighborhood

Smaller household domains must cluster into a higher social domain, the

neighborhood social group. These are social groups where everyone recognises one

another. Festivals are celebrated in neighborhoods, and one may be passively

drawn into local functions without any proactive effort.

In rural settings these are clusters of houses in hamlets, formed of large extended

families, where everyone knows each other, recognizes all of the good and bad

qualities of each person, and where social patterns of behavior are enforced

without written codes, or oppressive regimentation. In contemporary social settings

the neighborhood takes on some of the roles that were once sponsored by hamlets

composed of familiar members.

In an urban neighborhood each individual knows each other’s face, name, special

characteristics, strengths and weaknesses. In an urban village, the “eyes of the

street” provide protection and reassurance.

Neighborhoods built according to Intelligent Urbanism should accommodate play

areas for children, small hang-out places for pre-teens and common facilities like

post boxes and notice boards where people can meet casually.

Good city planning practice sponsors, through design, such units of social space. It

is in this fourth tier of social life that public conduct takes on new dimensions and

groups learn to live peacefully among one another. It is through neighborhoods that

the “social contract” amongst diverse households and individuals is sponsored.

This social contract is the rational basis for social relations and negotiations within

larger social groups. Within neighborhoods basic amenities like creches, early

learning centers, preventive health care and rudimentary infrastructure are

maintained by the community.

A Place for Communities

The next social tier, or hierarchy, is the community. Historically, communities

were tribes who shared social mores and cultural behavioral patterns. In

contemporary urban settings communities are formed of diverse people. But these

are people who share the common need to negotiate and manage their spatial

settings. In plans created through the Principles of Intelligent Urbanism these are

called Urban Villages. Like a rural village, social bonds are found in the

community management of security, common resources and social space. Urban

Villages will have defined social spaces, services and amenities that need to be

managed by the community. According to proponents of Intelligent Urbanism

these Urban Villages optimally become the administrative wards, and therefore the

constituencies, of the elected members of municipal bodies. Though there are no

physical barriers to these communities, they have their unique spatial social

domain. Intelligent Urbanism calls for the creation of dense, walkable zones in

which the inhabitants recognize each other’s faces, share common facilities and

resources, and often see each other at the village centre. This fifth tier of social

space is where one needs initiative to join into various activities. It is intended to

promote initiative and constructive community participation. There are

opportunities for one to be involved in the management of services, and amenities

and to meet new people. They accommodate primary education and recreation

areas. Good planning practice promotes the creation of community places, where

community based organizations can manage common resources and resolve

common problems.

A Place for the City Domain

The Principles of Intelligent Urbanism call for city level domains. These can be

plazas, parks, stadia, transport hubs, promenades, "passages" or gallerias. These are

social spaces where everyone can go. In many cities one has to pay an entrance fee

to access “public spaces” like malls and museums. Unlike the lower tiers of the

social hierarchy, this tier is not defined by any biological, familiar, face-to-face or

exclusive characteristic. One may find people from all continents, from nearby

districts and provinces and from all parts of the city in such places. By nature these

are accessible and open spaces, with no physical, social or economic barriers.

According to this principle it is the rules of human conduct that order this domain’s

behavior. It is civility, or civilization, which protects and energizes such spaces. At

the lower tiers, one meets people through introductions, through family ties, and

through neighborhood circumstances.

These domains would include all freely accessible large spaces. These are places

where outdoor exhibits are held, sports matches take place, vegetables are sold and

goods are on display. These are places where visitors to the city meander amongst

the locals. Such places may stay the same, but the people are always changing.

Most significant, these city scale public domains foster public interaction; they

sponsor unspoken ground rules for unknown people to meet and to interact. They

nurture civic understanding of the strength of diversity, variety, a range of cultural

groups and ethnic mixes. It is this higher tier of social space which defines truly

urbane environments.

Every social system has its own hierarchy of social relations and interactions.

Intelligent Urbanism sees cyberspace as a macro tier of conviviality, but does not

discount physical places in forging relationships due to the Internet. These are

reflected through a system of ‘places’ that respond to them. Good urban planning

practice promotes the planning and design of such ‘places’ as elemental

components of the urban structure.

Principle Five: Efficiency

The principle of efficiency promotes a balance between the consumption of

resources such as energy, time and fiscal resources, with planned achievements in

comfort, safety, security, access, tenure, productivity and hygiene. It encourages

optimum sharing of public land, roads, facilities, services and infrastructural

networks, reducing per household costs, while increasing affordability,

productivity, access and civic viability.

Intelligent Urbanism promotes a balance between performance and consumption.

Intelligent urbanism promotes efficiency in carrying out functions in a cost

effective manner. It assesses the performance of various systems required by the

public and the consumption of energy, funds, administrative time and the

maintenance efforts required to perform these functions.

A major concern of this principle is transport. While recognizing the convenience

of personal vehicles, it attempts to place costs (such as energy consumption, large

paved areas, parking, accidents, negative balance of trade, pollution and related

morbidity) on the users of private vehicles.

Good city planning practice promotes alternative modes of transport, as opposed to

a dependence on personal vehicles. It promotes affordable public transport. It

promotes medium to high-density residential development along with

complementary social amenities, convenience shopping, recreation and public

services in compact, walkable mixed-use settlements. These compact communities

have shorter pipe lengths, wire lengths, cable lengths and road lengths per capita.

More people share gardens, shops and transit stops.

These compact urban nodes are spaced along regional urban transport corridors

that integrate the region’s urban nodes, through public transport, into a rational

system of growth. Good planning practice promotes clean, comfortable, safe and

speedy, public transport, which operates at dependable intervals along major origin

and destination paths. Such a system is cheaper, safer, less polluting and consumes

less energy.

The same principle applies to public infrastructure, social facilities and public

services. Compact, high-density communities result in more efficient urban

systems, delivering services at less cost per unit to each citizen. There is an

appropriate balance to be found somewhere on the line between wasteful low-

density individual systems and over-capitalized mega systems. Costly, individual

septic tanks and water bores servicing individual households in low-density

fragmented layouts, cause pollution of subterranean aquifer systems. The bores

dramatically lower ground water levels. Alternatively, large-scale, citywide

sewerage systems and regional water supply systems are capital intensive and

prone to management and maintenance dysfunction. Operating costs, user fees and

cost recovery expenses are high. There is a balance wherein medium-scale

systems, covering compact communities, utilize modern technology, without the

pitfalls of large-scale infrastructure systems. This principle of urbanism promotes

the middle path with regard to public infrastructure, facilities, services and

amenities.

When these appropriate facilities and service systems overlap electoral

constituencies, the “imagery” between user performance in the form of payments

for services, systems dependability through managed delivery, and official

response through effective representation, should all become obvious and

transparent.

Good city planning practices promote compact settlements along dense urban

corridors, and within populated networks, such that the numbers of users who

share costs are adequate to support effective and efficient infrastructure systems.

Intelligent Urbanism is intended to foster movement on foot, linking pedestrian

movement with public transport systems at strategic nodes and hubs. Medium-

scale infrastructural systems, whose catchment areas overlap political

constituencies and administrative jurisdictions, result in transparent governance

and accountable urban management.

Principle Six: Human Scale

Intelligent Urbanism encourages ground level, pedestrian oriented urban patterns,

based on anthropometric dimensions. Walkable, mixed use urban villages are

encouraged over single-function blocks, linked by motor ways, and surrounded by

parking lots.

An abiding axiom of urban planning, urban design and city planning has been the

promotion of people friendly places, pedestrian walkways and public domains

where people can meet freely. These can be parks, gardens, glass-covered gallerias,

arcades, courtyards, street side cafes, river- and hill-side stroll ways, and a variety

of semi-covered spaces.

Intelligent urbanism promotes the scale of the pedestrian moving on the pathway,

as opposed to the scale of the automobile on the expressway. Intelligent urbanism

promotes the ground plan of imaginable precincts, as opposed to the imagery of

façades and the monumentality of the section. It promotes the personal visibility of

places moving on foot at eye level.

Intelligent urbanism advocates removing artificial barrier and promotes face-to-

face contact. Proponents argue that the automobile, single use zoning and the

construction of public structures in isolated compounds, all deteriorate the human

condition and the human scale of the city.

According to PIU proponents, the trend towards urban sprawl can be overcome by

developing pedestrian circulation networks along streets and open spaces that link

local destinations. Shops, amenities, day care, vegetable markets and basic social

services should be clustered around public transport stops, and at a walkable

distance from work places, public institutions, high and medium density residential

areas. Public spaces should be integrated into residential, work, entertainment and

commercial areas. Social activities and public buildings should orient onto public

open spaces. These should be the interchange sites for people on the move, where

they can also revert into the realm of “slowness,” of community life and of human

interaction.

Human scale can be achieved through building masses that “step down” to human

scale open spaces; by using arcades and pavilions as buffers to large masses; by

intermixing open spaces and built masses sensitively; by using anthropometric

proportions and natural materials. Traditional building precedents often carry

within them a human scale language, from which a contemporary fabric of build

may evolve.

The focus of Intelligent Urbanism is the ground plane, pedestrian movement and

interaction along movement channels, stems, at crossing nodes, at interactive hubs

and within vibrant urban cores. The PIU holds many values in common with

Transit Oriented Development, but the PIU goal is not merely to replace the

automobile, nor to balance it. These are mundane requirements of planning, which

the PIU assumes are found in every design and urban configuration. The PIU goal

is to enrich the human condition and to enhance the realm of human possibilities.

Intelligent Urbanism conceives of urbanity as a process of facilitating human

behavior toward more tolerant, more peaceful, more accommodating and more

sensitive modalities of interaction and conflict resolution. Intelligent urbanism

recognizes that ‘urbanity’ emerges where people mix and interact on a face-to-face

basis, on the ground, at high densities and amongst diverse social and economic

groups. Intelligent Urbanism nurtures ‘urbanity’ through designs and plans that

foster human scale interaction.

Principle Seven: Opportunity Matrix

The PIU envisions the city as a vehicle for personal, social, and economic

development, through access to a range of organizations, services, facilities and

information providing a variety of opportunities for enhanced employment,

economic engagement, education, and recreation. This principle aims to increase

access to shelter, health care and human resources development. It aims to increase

safety and hygenic conditions. The city is an engine of economic growth. This is

generally said with regard to urban annual net product, enriched urban economic

base, sustained employment generation and urban balance of trade. More

significantly this is true for the individuals who settle in cities. Moreover, cities are

places where individuals can increase their knowledge, skills and sensitivities.

Cities provide access to health care and preventive medicine. They provide a great

umbrella of services under which the individual can leave aside the struggle for

survival, and get on with the finer things of life.

The PIU sees cities as catalysts for personal definition and self discovery. In cities

people get inspired, build a drive to achieve, discover aspects of their personalities,

skills and intellectual curiosity which they use to craft their identity.

The city provides a range of services and facilities, whose realization in villages

are the all-consuming struggle of rural inhabitants. Potable water; sewerage

management; energy for cooking, heat and lighting are all piped and wired in; solid

waste disposal and storm water drainage are taken for granted. The city offers

access through roads, public transit, telephones and the Internet. The peace and

security provided by effective policing systems, and the courts of law, are just

assumed to be there in the city. Then there are the schools, the recreation facilities,

the health services and a myriad of professional services offered in the city market

place.

Intelligent urbanism views the city as an opportunity system. Yet these

opportunities are not equally distributed. Security, health care, education, shelter,

hygiene, and most of all employment, are not equally accessible. Proponents of

Intelligent Urbanism see the city as playing an equalizing role allowing citizens to

grow according to their own essential capabilities and efforts. If the city is an

institution, which generates opportunities, intelligent urbanism promotes the

concept of equal access to opportunities within the urban system.

Intelligent Urbanism promotes a guaranteed access to education, health care, police

protection, and justice before the law, potable water, and a range of basic services.

Perhaps this principle, more than any other, distinguishes intelligent urbanism from

other elitist, efficiency oriented urban charters and regimes.

Intelligent Urbanism does not say every household will stay in an equivalent

house, or travel in the same vehicle, or consume the same amount of electricity.

Intelligent Urbanism recognizes the existence of poverty, of ignorance, of ill

health, of malnutrition, of low skills, of gender bias and ignorance of the urban

system itself. Intelligent urbanism is courageous in confronting these forms of

inequality, and backlogs in social and economic development. Intelligent urbanism

sees an urban plan, not only as a physical plan, but also as a social plan and as an

economic plan.

The ramifications of this understanding are that the people living in intelligent

cities should not experience urban development in “standard doses”. In short,

people may be born equal or unequal, but they grow inequitably. An important role

of the city is to provide a variety of paths and channels for each individual to set

right their own future, against the inequity of their past, or the special challenges

they face. According to proponents of this principle this is the most salient aspect

of a free society; than even voting rights access to opportunity is the essence of

self-liberation and human development (Sen:2000).

According to proponents of Intelligent Urbanism, there will be a variety of

problems faced by urbanites and they need a variety of opportunity channels for

resolution. If there are ten problem areas where people are facing stresses, like

economic engagement, health, shelter, food, education, recreation, transport, etc.,

there must be a variety of opportunities through which individuals and households

can resolve each of these stresses. There must be ten channels to resolve each of

ten stresses! If this opportunity matrix is understood and responded to, the city is

truly functioning as an opportunity matrix. For example, opportunities for shelter

could be through the channels of lodges, rented rooms, studio apartments, bedroom

apartments and houses. It could be through the channels of ownership, through a

variety of tenencies. It could be through opportunities for self-help, or incremental

housing. It could be through the up-gradation of slums. Intelligent urbanism

promotes a wide range of solutions, where any stress is felt. It therefore promotes a

range of problem statements, options, and variable solutions to urban stresses.

Intelligent Urbanism sees cities as processes. Proponents argue that good urban

plans facilitate those processes and do not place barriers before them. For example,

it does not judge a “slum” as a blight on society; it sees the possibility that such a

settlement may be an opportunity channel for entry into the city. Such a settlement

may be the only affordable shelter, within easy access to employment and

education, for a new immigrant household in the city. According to Intelligent

Urbanism, if the plan ignores, or destroys such settlements, it is creating a city of

barriers and despair wherein a poor family, offering a good service to the city, is

deigned a modicum of basic needs for survival. Alternatively, if the urban plan

recognizes that the “slum” is a mechanism for self development, a spring-board

from which children have access to education, a place which can be up-graded

with potable water, basic sanitary facilities, street lights and paving…then it is a

plan for opportunity. Intelligent urbanism believes that there are slums of hope and

slums of despair. It promotes slums of hope, which contribute, not only to

individual opportunities, but also to nation building.

The opportunity matrix must also respond to young professionals, to skilled, well-

paid day laborers, to the upper middle class and to affluent entrepreneurs. If a

range of needs, of abilities to pay, of locational requirements, and of levels of

development of shelter, is addressed, then opportunities are being created.

Intelligent urbanism believes that private enterprise is the logical provider of

opportunities, but that alone it will not be just or effective. The regime of land, left

to market forces alone, will create an exclusive, dysfunctional society. Intelligent

urbanism believes that there is an essential role for the civil society to intervene in

the opportunity matrix of the city.

Intelligent urbanism promotes opportunities through access to:

Basic and primary education, skill development and knowledge about the urban

world;

Basic health care, potable water, solid waste disposal and hygiene;

Urban facilities like storm drainage, street lights, roads and footpaths;

Recreation and entertainment;

Transport, energy, communications;

Public participation and debate;

Finance and investment mechanisms;

Land and/or built-up space where goods and services can be produced;

Rudimentary economic infrastructure;

Intelligent urbanism provides a wide range of zones, districts and precincts

where activities and functions can occur without detracting from one another.

Intelligent Urbanism proposes that enterprise can only flourish where a public

framework provides opportunities for enterprise. This system of opportunities

operates through public investments in economic and social infrastructure; through

incentives in the form of appropriate finance, tax inducements, subsidized skill

development for workers, and: regulations which protect the environment, safety,

hygiene and health. To ensure a stable playing field where one can make an

investment with predictable returns, a modicum of regulation is necessary.

Proponents argue that it is through government regulations that private investment

can be protected from fraud. It is through government regulation that the under-

pinning conditions for free enterprise can be protected.

Principle Eight: Regional Integration

Intelligent Urbanism envisions the city as an organic part of a larger

environmental, socio-economic and cultural-geographic system, essential for its

sustainability. This zone of influence is the region. Likewise, it sees the region as

integrally connected to the city. Intelligent Urbanism sees the planning of the city

and its hinterland is a single holistic process. Proponents argue if one does not

recognize growth as a regional phenomenon, then development will play a hop-

scotch game of moving just a bit further along an arterial roads, further up valleys

above the municipal jurisdiction, staying beyond the path of the city boundary,

development regulations and of the urban tax regime.

The region may be defined as the catchment area from which employees and

students commute into the city on a daily basis. It is the catchment area from which

people choose to visit one city, as opposed to another, for retail shopping and

entertainment. Economically the city region may include the hinterland that

depends on its wholesale markets, banking facilities, transport hubs and

information exchanges. The region needing integration may be seen as the zone

from which perishable foods, firewood and building materials supply the city. The

economic region can also be defined as the area managed by exchanges in the city.

Telephone calls to the region go through the city's telecom exchange; post goes

through the city's general post office; money transfers go through the city’s

financial institutions and internet data passes electronically through the city’s

servers. The area over which “city exchanges” disperse matter can well be called

the city’s economic hinterland or region. Usually the region includes dormitory

communities, airports, water reservoirs, perishable food farms, hydro facilities,

out-of-doors recreation and other infrastructure that serves the city. Intelligent

urbanism sees the integrated planning of these services and facilities as part of the

city planning process.

Intelligent Urbanism understands that the social and economic region linked to a

city also has a physical form, or a geographic character. A hierarchy of watersheds,

creating valleys and defining edges of neighborhoods, may define the geographic

character. Forest ranges, fauna and avifauna habitats are set within such regions

and are connected by natural corridors for movement and cross-fertilization.

Within this larger, environmental scenario, one must conceptualize urbanism in

terms of watersheds, subterranean aquifer systems, and other natural systems that

operate across the entire region. Economic infrastructure, such as roads, hydro

basins, irrigation channels, water reservoirs and related distribution networks

usually follow the terrain of the regional geography. The region’s geographic

portals, and lines of control, may also define defense and security systems

deployment.

Intelligent Urbanism recognizes that there is always a spillover of population from

the city into the region, and that population in the region moves into the city for

work, shopping, entertainment, health care and education. With thoughtful

planning the region can take pressure off of the city. Traditional and new

settlements within the urban region can be enhanced and densified to accommodate

additional urban households. There are many activities within the city, which are

growing and are incompatible with urban habitat. Large, noisy and polluting

workshops and manufacturing units are amongst these. Large wholesale markets,

storage sheds, vehicular maintenance garages, and waste management facilities

need to be housed outside of the city’s limits in their own satellite enclaves. In

larger urban agglomerations a number of towns and cities are clustered around a

major urban center forming a metropolitan region.

Intelligent Urbanism is not just planning for the present; it is also planning for the

distant future. Intelligent Urbanism is not Utopian, but futuristic in its need to

forecast the scenarios to come, within its own boundaries, and within the

boundaries of the distant future.

Principle Nine: Balanced Movement

Intelligent Urbanism advocates integrated transport systems comprising walkways,

cycle paths, bus lanes, light rail corridors, under-ground metros and automobile

channels. A balance between appropriate modes of movement is proposed. More

capital intensive transport systems should move between high density nodes and

hubs, which interchange with lower technology movement options. These modal

split nodes become the public domains around which cluster high density,

pedestrian, mixed-use urban villages (Taniguchi:2001).

The PIU accepts that the automobile is here to stay, but that it should not be made

essential by design. A well planned metropolis would densify along mass transit

corridors and around major urban hubs. Smaller, yet dense, urban nodes are seen as

micro-zones of medium level density, public amenities and pedestrian access. At

these points lower level nodal split will occur, such as between bus loops and cycle

tracts. The PIU views nodal split points as places of urban conviviality and access

to services and facilities. Modal split can be between walking, cycling, driving, and

mass transit. Bus loops may feed larger rail based rapid movement corridors.

Social and economic infrastructure becomes more intensive as movement corridors

become more intense.

Principle Ten: Institutional Integrity

Intelligent Urbanism holds that good practices inherent in considered principles

can only be realized through accountable, transparent, competent and participatory

local governance, founded on appropriate data bases, due entitlements, civic

responsibilities and duties. The PIU promotes a range of facilitative and promotive

urban development management tools to achieve appropriate urban practices,

systems and forms (Islam: 2000). None of the principles or practices the PIU

promotes can be implemented unless there is a strong and rational institutional

framework to define, channel and legalize urban development, in all of its aspects.

Intelligent Urbanism envisions the institutional framework as being very clear

about the rules and regulations it sponsors and that those using discretion in

implementing these measures must do so in a totally open, recorded and

transparent manner.

Intelligent Urbanism facilitates the public in carrying out their honest objectives. It

does not regulate and control the public. It attempts to reduce the requirements,

steps and documentation required for citizens to process their proposals.

Intelligent Urbanism is also promotive in furthering the interests of the public in

their genuine utilization of opportunities. It promotes site and services schemes for

households who can construct their own houses. It promotes up-gradation of

settlements with inadequate basic services. It promotes innovative financing to a

range of actors who can contribute to the city’s development. Intelligent urbanism

promotes a limited role for government, for example in “packaging” large-scale

urban development schemes, so that the private sector is promoted to actually build

and market urban projects, which were previously built by the government.

Intelligent Urbanism does not consider itself naïve. It recognizes that there are

developers and promoters who have no long term commitment to their own

constructions, and their only concern is to hand over a dwelling, gain their profit

and move on. For these players it is essential to have Development Control

Regulations, which assure the public that the products they invest in are safe,

hygienic, orderly, durable and efficient. For the discerning citizen, such rules also

lay out the civil understanding by which a complex society agrees to live together.

The PIU contends that there must be a cadastral System wherein all of the land in

the jurisdiction of cities is demarcated, surveyed, characterized and archived,

registering its legal owner, its legal uses, and the tax defaults against it.

The institutional framework can only operate where there is a Structure Plan, or

other document that defines how the land will be used, serviced, and accessed. The

Structure Plan tells landowners and promoters what the parameters of development

are, which assures that their immediate investments are secure, and that the returns

and use of such efforts are predictable. A Structure Plan is intended to provide

owners and investors with predictable future scenarios. Cities require efficient

patterns for their main infrastructure systems and utilities. According to PIU

proponents, land needs to be used in a judicious manner, organizing

complementary functions and activities into compact, mixed use precincts and

separating out non-compatible uses into their own precincts. In a similar manner,

proponents argue it is only through a plan that heritage sites and the environment

can be legally protected. Public assets in the form of nature, religious places,

heritage sites and open space systems must be designated in a legal plan.

Intelligent Urbanism proposes that the city and its surrounding region be regulated

by a Structure Plan, or equivalent mechanism, which acts as a legal instrument to

guide the growth, development and enhancement of the city.

According to proponents, there must be a system of participation by the “Stake

Holders” in the preparation of plans. Public meetings, hearings of objections and

transparent processes of addressing objections, must be institutionalized.

Intelligent urbanism promotes Public Participation. Local Area Plans must be

prepared which address local issues and take into account local views and

sentiments regarding plan objectives, configurations, standards and patterns. Such

plans lay out the sites of plots showing the roads, public open spaces, amenities

areas and conservation sites. Land Pooling assures the beneficiaries from provision

of public infrastructure and amenities proportionally contribute and that a few

individuals do not suffer from reservations in the plan.

According to proponents, there must be a system of Floor Area Ratios to assure

that the land and the services are not over pressured. No single plot owner should

have more than the determined "fair share" of utilization of the access roads,

amenities and utilities that service all of the sites. Floor Area Ratios temper this

relationship as regulated the manner in which public services are consumed.

According to PIU proponents, Transfer of Development Rights benefits land

owners whose properties have been reserved under the plan. It also benefits the

local authorities that lack the financial resources to purchase lands to implement

the Structure Plans. It benefits concentrated, city center project promoters who

have to amortize expensive land purchases, by allowing them to purchase the

development rights from the owners of reserved lands and to hand over those

properties to the plan implementing authority. This allows the local authority to

widen roads and to implement the Structure Plan. The local authority then transfers

the needed development right to city center promoters.

Intelligent Urbanism supports the use of Architectural Guidelines where there is a

tradition to preserve and where precedents can be used to specify architectural

elements, motifs and language in a manner, which intended to reinforce a cultural

tradition. Building designs must respect traditional elements, even though the

components may vary greatly to integrate contemporary functions. Even in a

greenfield setting Architectural Guidelines are required to assure harmony and

continuity of building proportions, scale, color, patterns, motifs, materials and

facades.

Intelligent Urbanism insists on safety, hygiene, durability and utility in the design

and construction of buildings. Where large numbers of people gather in schools,

hospitals, and other public facilities that may become emergency shelters in

disasters, special care must be exercised. A suitable Building Code is the proposed

instrument to achieve these aims.

PIU proponents state that those who design buildings must be professionally

qualified architects; those who design the structures (especially of more than

ground plus two levels) must be professionally qualified structural engineers; those

who build buildings must be qualified civil engineers; and, those who supervise

and control construction must be qualified construction managers. Intelligent

Urbanism promotes the professionalisation of the city making process. While

promoting professionalism, Intelligent Urbanism proposes that this not become a

barrier in the development process. Small structures, low-rise structures, and

humble structures that do not house many people can be self designed and

constructed by the inhabitants themselves. Proponents maintain that there must be

recognized Professional Accrediting Boards, or Professional Bodies, to see that

urban development employs adequate technical competence.

Finally, there must be legislation creating Statutory Local Authorities, and

empowering them to act, manage, invest, service, protect, promote and facilitate

urban development and all of the opportunities that a modern city must sponsor.

Intelligent Urbanism insists that cities, local authorities, regional development

commissions and planning agencies be professionally managed. City Managers can

be hired to manage the delivery of services, the planning and management of

planned development, the maintenance of utilities and the creation of amenities.

Intelligent Urbanism views plans and urban designs and housing configurations as

expressions of the people for whom they are planned. The processes of planning

must therefore be a participatory involving a range of stakeholders. The process

must be a transparent one, which makes those privileged to act as guardians of the

people’s will accountable for their decisions and choices. Intelligent Urbanism sees

urban planning and city governance as the most salient expressions of civility.

Intelligent Urbanism fosters the evolution of institutional systems that enhance

transparency, accountability and rational public decision making.

3.3 Criticisms

The primary criticism of these 'intelligent' principles has been that it totally

depends on the 'intelligence' of the planner, the Master Planner. When the plans

concern the desires and aspirations and plans of every individual in a city over

generations, the intelligence of any individual is bound to be stretched. Like the

city planning of old, the real stakeholders, the people of the city of Thimphu have

had very little say in the formulation of the plans and have absolutely no say in the

manner of its implementation. The outcome of the plan is a result of the planner's

analysis and not a community led process as proposed by Christopher Alexander.

Not surprisingly, the plans have caused much dissatisfaction during

implementation and is partially succeeding primarily because the people have been

threatened with having their land acquired at meager government rates if they did

not cooperate.

Chapter Four: Introduction to Pocket Listing

4.1 Introduction

A pocket listing is a real estate industry term used in United States which denotes a

property where a broker holds a signed listing agreement (or contract) with the

seller, whether that be an "Exclusive Right to Sell" or "Exclusive Agency"

agreement or contract, but where it is never advertised nor entered into a multiple

listing system (MLS) or where advertising is limited for an agreed-upon period of

time. In Canada, this is referred to as an "Exclusive Listing".

When a broker is hired to sell a property, a listing agreement is executed in writing.

In an "Exclusive Right to Sell Agreement", the broker normally agrees to

cooperate with other brokers and to share a portion of the total real estate

commission paid by the seller. However, in this situation, it is stated that the

property shall not be placed in an MLS, and thus there is no agreement to work

cooperatively with other brokers.

An alternative form of Agreement might be "Exclusive Agency" where only the

broker is given the right to sell the property, and no offer of compensation is ever

made to another broker. In that case, the property will never be entered into an

MLS.

The reasons for a pocket listing may vary from the need for privacy or secrecy to

discrimination, and some sellers may have their own reasons for not advertisng a

listing in conventional ways, including wanting to sell only to certain types of

people.

Many full-time agents have knowledge of pocket listings in their own office or in

other offices of their own company. While many MLS systems may try to limit this

type of listing by requiring execution of a written notice relative to the benefits of

MLS publicity, they may encourage members to refrain from taking pocket

listings. There are some companies which list property as pocket listings for a short

time before entering it into their MLS. With the written agreement of the seller,

this would allow the company to try to obtain both the listing side and the "selling"

side of the commission, an industry term known as "both sides of the transaction".

A real estate company which is not a member of any MLS may have pocket

listings, but may still be willing to cooperate with other real estate professionals in

the sale of their listings.

A broker or agent having a Pocket Listing can sometimes imply that the property

will be sold directly to a buyer by the seller's agent.

4.2 Comparison with Open Listings

Pocket listings are not "Open Listings". An open listing is an Agreement between a

seller and a broker whereby the property is available for sale by any real estate

professional who can advertise, show, or negotiate the sale, and whoever brings an

acceptable offer would receive compensation.

Real estate companies will typically require that a written agreement for an open

listing be signed by the seller to ensure the payment of a commission. "For Sale By

Owners" (FSBOs) often also offer open listings by signing an agreement to pay a

broker who brings them an acceptable offer, but these will usually not be pocket

listings.

4.3 Advantages of Pocket Listing

Pocket listings may give buyers an extra advantage when searching for real estate

which is not advertised anywhere else. These special properties, while under listing

contracts, may be unique because they are sold privately and may never be

intended to be listed on the Multiple Listing Service (MLS). Many property owners

want to sell their real estate, but do not want the aggravation associated with

showing the property. This is especially true in a slower market where sellers of

real estate want buyers, not just curious people.

On the other hand, sellers genuinely want to sell their property and will show it to

serious buyers. To ensure this, the seller typically has a real estate broker who

qualifies a potential buyer on their availability to purchase. A very important

benefit to the seller is that the transaction typically only has one real estate agent,

thus potentially lowering the overall commission costs.

By directly connecting themselves with sellers' agents, home buyers eliminate the

need for a buyers agent (although they will lack buyer representation). If the

buyer's objective is to look at all the available homes for sale in a given area, they

would need to look at MLS and all private listings for sale. Only then, would they

have completely exhausted their search.

Ultimately, the seller must decide if exclusion from the MLS is in his/her best

interests and does not limit exposure on the market.

4.4 Listing Contract

A listing contract is a contract between a real estate broker (or his/her agent

representatives, acting in the broker's name) and a seller or sellers of real property

to give the broker the right to offer the property for sale.

The contract is often referred to as a listing agreement and, if the broker is a

member of the National Association of Realtors, it must include all of the

following terms:

1. A beginning date and a termination date.

2. The list price at which the property will be offered for sale.

3. The amount of compensation offered to the broker, whether it is in the form of

a flat fee or percentage of the sales price.

4. The terms and conditions under which the brokerage fee shall be paid by the

seller.

5. Authorizes the broker to co-operate with other brokers as sub-agents or buyer's

agents and details the compensation to be offered to those brokers in the event

they procure a buyer.

6. Authorizes the broker to reveal or not to reveal the existence of offers

previously received.

In addition, other terms which may appear in the agreement can include:

Authorization to the broker to post a sign, to advertise the property, and to put

a lockbox on the door, as well seller's obligations to advise the broker on the

condition of the property, and broker's obligations to advise the seller about

regulations and laws which may affect the sale.

Typically, separate listing agreements exist for the sale of residential property, for

land, and for commercial or business property.

Upon listing the property, the real estate agency tries to obtain a buyer for the

property and, in consideration of successfully finding a satisfactory buyer, the

broker anticipates receiving a commission (fee) for the services the brokerage

provided.

Payment of a Commission or Fee

Although the terms of the contract could vary, usually the payment of a

commission (or fee) to the brokerage is contingent upon:

the successful negotiation of a purchase contract between a satisfactory buyer

and seller and the subsequent ability and willingness of the buyer to close the

deal, or

finding a satisfactory buyer who is ready, willing, and able to pay the full listing

price (or more) for the real estate for sale without any contingencies.

If the seller refuses to sell the real estate when one of the above two conditions

applies, it is typically considered that the real estate agent has done his job of

finding a satisfactory buyer and the seller must still pay the commission, although

the details are determined by the listing contract. Unless closing (or "settlement" or

"close of escrow", as it is known in some parts of the country) is a condition of the

listing agreement, the buyer's failure to complete the transaction may not require

the seller to pay a commission to the broker.

The commission is usually a percentage of the sales price of the property ranging

from 2 or 3% up to about 10%, but usually in the range of about 3 - 7% for houses.

The commission could also be a flat fee or some combination of flat fee and

percentage, particularly in the case of lower-priced properties, vacant lots, or other

unusual real estate.

The commission is paid by the seller to the listing real estate broker, who will then

compensate his/her listing agent and any co-operating brokers/agents from this

commission by separate agreements with them.

4.5 Listing Price and Final Contract Price

The listing contract typically also includes a listing price for the property and an

expiration date by which the contract expires. However, if the property is sold at a

lower or higher price, the seller pays a commission at a proportionally lower or

higher amount. If the seller does not accept a price lower than the listing price, then

the broker will have to wait until a satisfactory sale to earn the commission.

In the event of multiple offers being presented, the seller may accept whichever

offer is most suitable to him/her, even if the price is not the highest. The

percentage commission will be paid according to the accepted price. The seller,

often in concurrence with the real estate agent, may choose to accept an offer that

is lower than the highest offer for various reasons, such as terms or contingencies

in the purchase contract offered or perceived differences in financial qualification

of the competing buyers.

Typically, the real estate agent has the experience and data to determine a suitable

listing price for the seller's property and will recommend a listing price to the

seller. The seller can accept, reject, or try to negotiate a different listing price for

the contract. If the seller's price is unrealistically high and the agent cannot

convince the seller otherwise, the agent can decline to list the property.

4.6 Expiration Date

Listing a property commonly incurs certain expenses for the listing broker and

takes some time and effort for the listing salesperson. To make it worthwhile, they

want a certain minimum listing time period to have a good chance of selling the

property. However, the listing contract must have an expiration date. A typical

listing period is often from 3 or 4 months to 6 months. If the property is not sold or

under a purchase contract by then, the seller may decide to re-list the property,

perhaps with a different listing price, with the same or a different broker or agent,

or not list it at all. The listing of the property can start at a date later than the date

the listing contract is signed to allow the seller time to prepare the property for

showing or sale.

4.7 Types of Listing Contracts

There can be several types of listing contracts:

Exclusive right to sell: The seller must pay the brokerage a commission if, by

the expiration date in the listing contract, the real estate is sold, regardless of

whether the buyer is obtained through the agency or not. Even if the seller finds

the buyer him/herself, a commission is still owed to the brokerage.

Furthermore, the seller cannot list the property with any other broker until the

listing expires with the property unsold.

Brokers who are REALTORS and, thus, are members of NAR are obliged to

enter the property into the local MLS system and offer compensation to co-

operating brokers.

Exclusive Agency: The seller can only list the property with one brokerage

until the listing contract expires with the property unsold. The seller must

pay the broker a commission if the real estate is sold to a buyer obtained

through that brokerage. By agreement, if the seller finds the buyer

him/herself, the seller does not have to pay a commission. Since there will

be no co-operating broker involved, the property will not be listed in the

MLS.

Open Agency: A seller can enter into an agreement to sell his/her property

with more than one brokerage in open agency listings. The seller must pay a

commission only to the brokerage which brings the buyer for the real estate.

Typically, if the seller finds the buyer him/herself, the seller does not have to

pay a commission.

Chapter Five: Real Estate Transaction

5.1 Introduction

A real estate transaction is the process whereby rights in a unit of property (or

designated real estate) is transferred between two or more parties, e.g. in case of

conveyance one party being the seller(s) and the other being the buyer(s). It can

often be quite complicated due to the complexity of the property rights being

transferred, the amount of money being exchanged, and government regulations.

Conventions and requirements also vary considerably among different countries of

the world and among smaller legal entities (jurisdictions). In order to address some

of these difficulties, a European Land Information Service (EULIS) was

established in 2006, as a consortium of European National Land Registers. The

aim of the service is to establish a single portal through which customers are

provided with access to information about individual properties, about land and

property registration services, and about the associated legal environment.[1]

In more abstract terms, a real estate transaction, like other financial transactions,

causes transaction costs. In order to identify and possibly reduce these transaction

costs, the issue was addressed by the Organization for Economic Co-operation and

Development (OECD), through a study commissioned by the European

Commission, and through a research action.

The mentioned research action ‘Modelling Real Property Transactions’

investigated methods to describe selected transactions in a formal way, to allow for

comparisons across countries / jurisdictions. Descriptions were performed both

using a more simple format, a Basic Use Case template, [5][6] and more advanced

applications of the Unified Modelling Language.[7][8] Process models were

compared through an ontology-based methodology[9], and national property

transaction costs were estimated for Finland and Denmark [10][11][12], based on the

directions of the United Nations System of National Accounts.[13]

Real estate transactions: subdivision, conveyance, and mortgaging, as they are

performed in the five Nordic countries are described in some detail. [14] A

translation into English is available for the Danish part.

5.2 Residential Examples

United States and Canada

The sale of a house in the United States or Canada might involve some or all of the

following steps:

Hiring of a real estate broker to represent the seller and handle the logistics of

the advertising and sale, except for "for sale by owner" properties where the

owner(s) may consult legal counsel or obtain copies of a real estate contract.

A buyer may enter the picture in a variety of ways: from seeing advertisements

in the media, seeing signs outside a property, or contacting a real estate agent to

see a property.

A buyer may engage the services of a real estate broker to represent her/him

and handle the logistics of finding suitable properties, enabling him/her to

become qualified to buy, and the showing of appropriate properties.

Advertisement of the price and property details with a Multiple Listing Service,

newspaper or web classified listing, lawn sign, or poster in the real estate office.

Private showings or general open house for interested buyers or buyers' real

estate agents.

Interested buyers may get pre-approval for a mortgage of a certain amount from

a bank, if they cannot afford the full purchase price in the range they are

exploring.

Preparation of a written offer to purchase. If prepared by a real estate agent on

behalf of the buyer, it is generally done on pre-printed and legally-approved

forms provided by the real estate broker's office. An agent representing the

buyer will advise his/her client as to the value of including specific contingency

clauses such as time to obtain a mortgage commitment or to arrange for

inspections. The buyer includes an earnest money payment check which

accompanies the offer and which is generally not deposited until all parties are

in agreement.

Submission of offers by interested buyers. Multiple offers may result in bidding,

with best offer (not necessarily the highest bid) being awarded the sale. A single

offer may often be below the initial asking price, resulting in negotiation

between the buyer and seller over the final price, or possibly the rejection of the

offer by the seller.

After acceptance of a particular offer, a real estate contract is ratified by all

parties. It usually creates a short interim period (typically no more than 30 days,

often much less) to allow the buyer to thoroughly inspect the property (often

with the assistance of a professional home inspector).

Depending upon the jurisdiction and traditional practice, a title search is then

ordered from a third party settlement or escrow company, pending final

settlement.

An Appraisal, commissioned, as per custom, by the buyer or seller to determine

the value of the building and land in order to satisfy the lender.

Depending upon how the contingency paragraphs are worded, if any defects are

discovered during the inspection, the buyer may ask that they be repaired, ask

that the sale price be lowered, or choose not to purchase the property.

The closing of the sale ends the escrow period and completes the transfer of

ownership to the buyer. At this time, and all monies change hands and a number

of closing costs are paid by the buyer or seller.

If as real estate broker is used in the transaction, closing is the time that

payment is made to the brokers involved.

5.3 Real Property

In the common law, real property (or realty) refers to one of the two main classes

of property, the other being personal property. Real property generally

encompasses land, land improvements resulting from human effort including

buildings and machinery sited on land, and various property rights over the

preceding.

The concept is variously named and defined in other jurisdictions: heritable

property in Scotland, immobilier in France, and immovable property in Canada,

United States, India, Pakistan, Bangladesh, Malta, Cyprus, and in countries where

civil law systems prevail, including most of Europe, Russia, and South America.

5.4 Estates & Ownership Interests Defined

The law recognizes different sorts of interests, called estates, in real property. The

type of estate is generally determined by the language of the deed, lease, or bill of

sale through which the estate was acquired. Estates are distinguished by the

varying property rights that vest in each, and that determine the duration and

transferability of the various estates. A party enjoying an estate is called a "tenant."

Some important types of estates in land include:

Fee simple : An estate of indefinite duration, that can be freely transferred. The

most common and perhaps most absolute type of estate, under which the tenant

enjoys the greatest discretion over the disposition of the property.

Conditional Fee simple: An estate lasting forever as long as one or more

conditions stipulated by the deed's grantor does not occur. If such a condition

does occur, the property reverts to the grantor, or a remainder interest is passed

on to a third party.

Fee tail : An estate which, upon the death of the tenant, is transferred to his

heirs.

Life estate : An estate lasting for the natural life of the grantee, called a "life

tenant." If a life estate can be sold, a sale does not change its duration, which is

limited by the natural life of the original grantee.

o A life estate pur autre vie is held by one person for the natural life of

another person. Such an estate may arise if the original life tenant sells

her life estate to another, or if the life estate is originally granted pur

autre vie.

Leasehold : An estate of limited duration, as set out in a contract, called a lease,

between the party granted the leasehold, called the lessee, and another party,

called the lessor, having a longer lived estate in the property. For example, an

apartment-dweller with a one year lease has a leasehold estate in her apartment.

Lessees typically agree to pay a stated rent to the lessor.

A tenant enjoying an undivided estate in some property after the termination of

some estate of limited duration, is said to have a "future interest." Two important

types of future interests are:

Reversion : A reversion arises when a tenant grants an estate of lesser

maximum duration than his own. Ownership of the land returns to the original

tenant when the grantee's estate expires. The original tenant's future interest is a

reversion.

Remainder : A remainder arises when a tenant with a fee simple grants

someone a life estate or conditional fee simple, and specifies a third party to

whom the land goes when the life estate ends or the condition occurs. The third

party is said to have a remainder. The third party may have a legal right to limit

the life tenant's use of the land.

Estates may be held jointly as joint tenants with rights of survivorship or as tenants

in common. The difference in these two types of joint ownership of an estate in

land is basically the inheritability of the estate. In joint tenancy (sometimes called

tenancy of the entirety when the tenants are married to each other) the surviving

tenant (or tenants) become the sole owner (or owners) of the estate. Nothing passes

to the heirs of the deceased tenant. In some jurisdictions the words "with right of

survivorship" must be used or the tenancy will assumed to be tenants in common.

Tenants in common will have a heritable portion of the estate in proportion to their

ownership interest which is presumed to be equal amongst tenants unless otherwise

stated in the transfer deed.

Real property may be owned jointly with several tenants, through devices such as

the condominium, housing cooperative, and building cooperative.

5.5 Jurisdictional Peculiarities

In the law of almost every country, the state is the ultimate owner of all land under

its jurisdiction, because it is the sovereign, or supreme lawmaking authority.

Physical and corporate persons do not have allodial title; they do not "own" land

but only enjoy estates in the land, also known as "equitable interests."

England and Wales

In the United Kingdom, the The Crown is held to be the ultimate owner of all real

property in the realm. This fact is material when, for example, property has been

disclaimed by its erstwhile owner, in which case the law of escheat applies. In

some other jurisdictions (not including the United States), real property is held

absolutely.

English law has retained the common law distinction between real property and

personal property, whereas the civil law distinguishes between "movable" and

"immovable" property. In English law, real property is not confined to the

ownership of property and the buildings sited thereon – often referred to as "land."

Real property also includes many legal relationships between individuals or

owners of land that are purely conceptual. One such relationship is the easement,

where the owner of one property may enjoy the right to pass over a neighboring

property. Another is the various "incorporeal hereditaments," such as profits a

prendre, where an individual may have the right to take crops from land that is part

of another's estate.

English law retains a number of forms of property which are largely unknown in

other common law jurisdictions such as the advowson, chancel repair liability and

lordships of the manor. These are all classified as real property, as they would have

been protected by real actions in the early common law.

USA

This section requires expansion.

Each U.S. State except Louisiana has its own laws governing real property and the

estates therein, grounded in the common law. In Arizona[citation needed], real property is

generally defined as land and the things permanently attached to the land. Things

that are permanently attached to the land, which also can be referred to as

improvements, include homes, garages, and buildings. Manufactured homes can

obtain an affidavit of affixture.

5.6 Economic Aspects of Real Property

Land use, land valuation, and the determination of the incomes of landowners, are

among the oldest questions in economic theory. Land is an essential input (factor

of production) for agriculture, and agriculture is by far the most important

economic activity in preindustrial societies. With the advent of industrialization,

important new uses for land emerge, as sites for factories, warehouses, offices, and

urban agglomerations. Also, the value of real property taking the form of man-

made structures and machinery increases relative to the value of land alone. The

concept of real property eventually comes to encompass effectively all forms of

tangible fixed capital. with the rise of extractive industries, real property comes to

encompass natural capital. With the rise of tourism and leisure, real property

comes to include scenic and other amenity values.

Starting in the 1960s, as part of the emerging field of law and economics,

economists and legal scholars began to study the property rights enjoyed by tenants

under the various estates, and the economic benefits and costs of the various

estates. This resulted in a much improved understanding of the:

Property rights enjoyed by tenants under the various estates. These include the

right to:

o Decide how a piece of real property is used;

o Exclude others from enjoying the property;

o Transfer (alienate) some or all of these rights to others on mutually

agreeable terms;

Nature and consequences of transaction costs when changing and transferring

estates.

For an introduction to the economic analysis of property law, see Shavell (2004),

and Cooter and Ulen (2003). For a collection of related scholarly articles, see

Epstein (2007). Ellickson (1993) broadens the economic analysis of real property

with a variety of facts drawn from history and ethnography.

5.7 Historical Background of Real Property

In common law, real property was property that could be protected by some form

of real action, in contrast to personal property, where a plaintiff would have to

resort to another form of action. As a result of this formalist approach, some things

the common law deems to be land would not be classified as such by most modern

legal systems, for example an advowson (the right to present to the living of a

church) was real property. By contrast the rights of a leaseholder originate in

personal actions and so the common law originally treated a leasehold as part of

personal property.

The law now broadly distinguishes between real property (land and anything

affixed to it) and personal property (everything else, e.g., clothing, furniture,

money). The conceptual difference was between immovable property, which

would transfer title along with the land, and movable property, which a person

would retain title to. (The word is not derived from the notion of land having

historically been "royal" property. The word royal – and its Spanish cognate real –

come from the unrelated Latin word rex, meaning king.)

In modern legal systems derived from English common law, classification of

property as real or personal may vary somewhat according to jurisdiction or, even

within jurisdictions, according to purpose, as in defining whether and how the

property may be taxed.

Bethell (1998) contains much historical information on the historical evolution of

real property and property rights.

5.8 Real Estate Trends

Real estate trends is a generic term used to describe any consistent pattern or

change in the general direction of the real estate industry which, over the course of

time, causes a statistically noticeable change. This phenomenon can be a result of

the economy, a change in mortgage rates, consumer speculations, or other

fundamental and non-fundamental reasons.

A real estate trend is the catalyst for the change, and it is usually a concept, a

belief, a philosophy, or an event. Sometimes a real estate trend evolves to meet a

specific need, while others evolve when new products or solutions are launched.

For example, when more lenders began offering creative financing products, more

borrowers were able to afford a mortgage (at least on paper). At other times, a

trend from another industry spills over into the real estate industry and is adopted.

Therefore, a trend must have substance and be based on fact. Over time, it will

cause pattern of change. Monitoring changes and tracking trends is a not an exact

science and can be very hard to predict.

U.S. government Involvement

The United States of America (U.S.) Department of Justice Antitrust Division

announced the launch of a new web site in October 2007 to "educate consumers

and policymakers about the potential benefits that competition can bring to

consumers of real estate brokerage services and the barriers that inhibit that

competition." Among other findings, they report that certain new sales models can

reduce consumer home sales costs "by thousands of dollars. For example, in states

that allow open competition, some buyer's brokers rebate up to two-thirds of their

commission to the customer, and some seller's brokers offer limited-service

packages that let sellers list their homes on the local multiple listing service (MLS)

for as little as a few hundred dollars."[1]

The DOJ web site, Competition and Real Estate, includes a link to the real estate

laws of each U.S. state and how they support or inhibit real estate brokerage

competition.

Trends in FSBO Sector

For Sale By Owner is a real estate term which describes the situation in which a

property is offered for sale directly by its owner and without that owner having

solicited the help of a real estate broker, implying that no real estate commission is

associated with the sale.

More and more owners selling their own property are using online marketing

companies to advertise their properties. FSBO web sites are now a real part of the

real estate market, as the Internet becomes vital in the home-selling process.[2]

According to a NY Times article from December 2007, "Nationally...real estate

companies are spending 26 percent more on online advertising this year, even as

total real estate ad spending declined 3 percent, according to Borrell Associates, a

research company."

According to a press release by the National Association of Realtors (NAR)

regarding their most current annual survey of real estate consumers, 2005 Profile

of Home Buyers and Sellers:

12% of 2006 US real estate transactions were FSBO.

13% of 2005 US real estate transactions took place via FSBO (down from

14% in 2004).

The record percentage of 20% of US real estate transactions (since tracking

started in 1981) took place in 1987.

According to the Canadian Real Estate Association, which claims that 75% to 80%

of homes in Canada were sold through brokers, it would appear that "Sale by

Owner" accounts for some 20% or 25% of the remainder.

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