公共房地产管理系统外文文献英文

Land Use Policy 49 2015 352 364 Contents lists available at ScienceDirect Land Use Policy jo ur nal ho me pag e Good governance in some public real estate management systems Marta Gross Ryszard Zr bek Department of Real Estate Resources University of Warmia and Mazury in Olsztyn ul Prawoche nskiego 15 204 10 720 Olsztyn Poland a r t i c l e i n f o Article history Received 9 February 2015 Received in revised form 5 July 2015 Accepted 12 August 2015 Keywords Public real estate Good governance Management system Real estate management a b s t r a c t The paper presents real estate management as a system and specifi es all its constituent parts It contains a comparison of good governance principles and chosen procedures as well as their execution in different countries The analysed systems were divided into two groups by cluster analysis Afterwards an analysis of the management systems in the chosen countries was performed On the basis of the above analysis the condition of the Polish public real estate management system was characterised in comparison to the other systems Some changes in the system were suggested in line with the good governance concept openness participation accountability effectiveness coherence In order to implement these modifi cations the existing law concerning this subject should be adapted or changed 2015 Elsevier Ltd All rights reserved 1 Introduction Public real estate management continues to be a relevant issue partly because of the role of real estate resources in different management systems This pertains not only to such countries as Poland Lithuania Latvia Ukraine but also to West European coun tries even though their public resources are much more modest Moreover this problem is brought to attention globally as evi denced by the works of Commission 7 International Federation of Surveyors FIG Food and Agriculture Organization of the United Nations FAO Grover 2009 Grover and Elia 2011 Phelps 2011 It is easiest to identify public real estate in such countries where there is no other form of real estate possession but the state s A problem arises when countries have a diverse ownership structure of the resources and especially in situations where procedures such as outsourcing or public private partnership PPP are used Public real estates can be defi ned as the ones which are not in the ownership or possession of private entities This is the simplest way of distinguishing them but this rule is not entirely true because if a real estate is leased to a PPP for example it may not be in the possession of a public entity but it can be used by a private entity for a public purpose which is why it is still identifi able as a public real estate A similar situation occurs when a poviat in Poland one of local government unit in the Polish administrative division lets its real estate to a municipality into perpetual usufruct A differ ent situation happens for example when a municipality lets its Corresponding author Fax 48 895234953 E mail address marta gross uwm edu pl M Gross real estate to a private entity into perpetual usufruct A perpetual usufructuary has no full control over a real estate being limited by the rules of law principles of community life and especially by the perpetual usufruct contract signed with the owner Moreover a perpetual usufructuary is obliged to pay the fi rst fee and then annual fees on predefi ned dates The problem of identifi cation of public real estates was consid ered inter alia by Grover and Elia 2009 who suggested that public real estates could be defi ned as the ones which are managed by local government units from all the levels of the territorial division of a country i e the national regional or local level Moreover they can be characterised as the ones which remain in the possession of different kinds of agencies corporations or other entities which assume control over these types of real estates but provide public services Therefore a public real estate means that it is not neces sarily in the possession of public entities but can also be possessed by private organisation The latter include real estates that are in the state or another public entity s ownership but other entities may have certain rights to them for example they are real estates which were let into lease or rented as well as ones that a public entity rents or leases from a private person or a public entity manages on behalf of others Another source of diffi culty in defi ning what a public real estate is the diversity of interpretations of public estates in various coun tries In Poland the Real Estate Management Act 1997 contains an indirect defi nition stating that public real estates are the ones which actually remain in the possession of the State Treasury or local government units This notion was also adopted by Kisilowska 2011 http dx doi org 10 1016 j landusepol 2015 08 017 0264 8377 2015 Elsevier Ltd All rights reserved M Gross R Zr bek Land Use Policy 49 2015 352 364 353 In other countries public real estates are defi ned likewise depending on the administrative division of a given country In Latvia Finland Russia Turkey and the United Kingdom public real estates are the ones which are in the ownership of the state local government units or public entities whose functioning is regulated by other legal regulations In Azerbaijan public real estates are the ones which belong to municipalities and the state ownership is excluded from the defi nition Conversely public real estates in Nepal belong to the state and are used for public needs There are countries where public real estates are not defi ned in any legal act because they are distinguished in exactly the same way as private ones the only difference is that they are in a public entity s ownership This is for example the case of Switzerland or Sweden To recapitulate herein a public real estate is defi ned as a real estate which is in the ownership of a state local government unit and another public entity responsible for its management in compliance with separate regulations This defi nition refl ects the position of public real estates in most of the analysed countries The paper presents real estate management as a system and determines all its ingredients It contains a comparison of good gov ernance principles and chosen procedures as well as their execution in different countries The paper also proposes some changes in the Polish public real estate management system 2 The theorethical basis Public real estates create a coherent system which can be treated as a set of relations and procedures appearing among sub jects and objects of management Zr bek et al 2012 or as a set of standard activities of real estate management such as selling leasing etc which facilitate rational use and development of real estates Zr bek 2005 Therefore a public real estate management system is a certain unity which is separated from the environment Fig 1 The system consists of objects subjects procedures processes and relations that occur among them as well as information which is changed during exit the system First connections and relations that exist among subjects and objects of management should be determined The subjects active on the real estate market are natural and legal persons public and private ones who have various rights to the real estates for example leasing renting ownership and also subjects operating on the real estate market such as real estate appraisers managers brokers developers etc The objects are three types of real estates lands buildings and housing or business units and rights connected with them Each real estate management object is different unique i e no two objects are identical The same can be said about subjects on the real estate market Each is differ ent and has a different approach to real estate Thus relationships among subjects objects and the role they play have an impact on the management and its effi ciency The effects can be one way or reciprocal A public real estate management system consists of separate subsystems mutually affecting one another Although they are part of the system they create independent units There are processes and procedures of management and detailed tasks being pursued within each of the subsystems Fig 2 The processes of management are a function of strategic direc tions of actions Janowski and Wi sniewski 2008 They include for example a real estate condition survey plans of its use questions of fi nances or accessibility as well as an analysis of the system s environment Wi sniewski 2008 The next level of management processes consists of procedures which are chrono logically arranged into complex sets of activities conducted within a management process They form an operational level where the decision making process is seen as completed higher level and executive processes i e tasks are being realised lower level This is the place where real estate management procedures i e sell ing a real estate letting it into perpetual usufruct and permanent management real estate exchange compulsory purchase etc are being planned programmed and implemented Thus a level of management procedures aims to determine detailed tasks con cerning the execution of procedures especially these which are compulsory on the local and national level As shown in Figs 1 and 2 the environment has an effect on the system composed of objects real estates and relations Moreover the system reciprocally affects the environment using its output data An owner holder or user of a real estate changes There is an internal and external environment The former has a direct effect on the functioning of the real estate management sys tem It is composed of local acts documents and analyses which ought to give reliable and up to date information about the func tioning of a real estate resource the importance of information was emphasized by Deakin 2002 An analysis of the internal envi ronment helps to identify relations between subsystems in real estate resources management Although the external environment comes from outside of the real estate management system it also affects subjects of the system It consists of legal acts on the national level documents created on regional levels and of external indica tors pertaining to the subject which is exposed to the infl uence of social legal cultural economic environments Hence the need to try and achieve a better match of the system to the environment Moreover interferences cannot be neglected when determining the environment s impact on the real estate management system They are the input data which are not a decisional variable but which directly and uncontrollably stimulate the impact of the environ ment on the system They make the system s management more diffi cult because they are random and non measureable The evi dence of their presence is the impact they make on output data of the system Finally the public real estate management system is built of interrelationships between three components legal fi scal and administrative rights to a real estate its value use and develop ment Real estate management activities can be described by real estate policy spatial information infrastructure and a real estate management function based on sustainable development These components create a real estate management paradigm which enables one to identify real estate management principles and pro cesses Adequately defi ned components and their interactions lead to sustainable development This is why real estate management functions should be considered as a whole rather than as separate activities Williamson et al 2009 3 Methodology Four main methods were used in this paper the modifi ed Delphi method good governance principles cluster analysis and modifi ed USAID method Fig 3 They are described below The modifi ed Delphi method MDM is a compilation of two methods the Delphi method and a questionnaire The aim of the Delphi method is to determine the probability that a specifi c event will take place in the future The survey is anonymous to ensure independence based on experts opinions achieved through a multi step procedure sending modifi ed questionnaires Subse quent versions of the questionnaire are created on the basis of the feedback from the previous questionnaire In contrast the ques tionnaire method uses opinions of randomly selected group of people who are not necessarily experts in this fi eld It is used to detect various types of regularity e g the behaviour of real estate market players The research tool is also a questionnaire 354 M Gross R Zr bek Land Use Policy 49 2015 352 364 Fig 1 Real estate management as a system Source the author s own study based on Struzik and Zr bek 2009 and Gross 2010 Fig 2 Real estate management systems relations Source the author s own study Fig 3 Methods used in the research Source the authors own study The fi rst step in the MDM was an analysis of literature and the selection of features The attributes were selected to fulfi l good governance principles described below Experiences from appli cation of good governance in land administration FAO 2007 were also used Then experts were chosen both practitioners and researches mainly members of international organizations such as the International Federation of Surveyors An additional source of information was relevant literature because the authors pre dicted that some questions might not be answered by the experts A preliminary version of the questionnaire was sent to a group of respondents in order to ascertain its correctness Having analysed the returned questionnaires it emerged that the experts had not understood some of the questions due to certain socio economic circumstances Therefore the questionnaire was changed accord M Gross R Zr bek Land Use Policy 49 2015 352 364 355 Fig 4 Countries covered by the questionnaire research Source the authors own study ingly and posted again A similar method was applied by Hanus et al 2004 Viitanen 2009 Grover and Elia 2009 The research questionnaire was sent to 82 respondents from 44 countries around the world 17 complete responses were received from 14 countries mainly from Europe and 3 from Asia Fig 4 illustrates the loca tion of the analyzed countries In addition some information was obtained from a group of experts in the fi eld of public property man agement who responded to selected topics from the questionnaire The interviews were conducted during national and international conferences Finally the questionnaire was a good tool for collecting data about law on public real estate management in the analysed coun tries An advantage of the MDM was the speed at which the information was obtained which is otherwise often available only in the native language of a given country Good governance leads to better decisions helps local govern ment meet its legislative responsibilities and importantly provides an ethical basis for governance Good Governance Guide 2014 It means not only a decision making process but also the process by which decisions are implemented Williamson et al 2009 It means that government is well managed inclusive and results in desirable outcomes FAO 2007 A concept of good governance enables one to assess real estate management systems in different countries and show the trends over time It helps to make compre hensive comparisons which can show how the system is changing and what should be done to remove or reduce its weaknesses while improving the strengths We chose fi ve basic good governance prin ciples established by the Commission of the European Communities 2001 FAO 2007 and MRR DKPS 2008 openness participation accountability effectiveness and coherence Table 1 We wanted to prepare 5 main principles which gave us a basis to create questionnaire it was used in modifi ed USAID method The questionnaire was also based on FAO in Land Tenure Study The main assumption was to prepare such good governance principles which can be described by questions included into the question naire That is why all of attributes which cannot be expressed quantitatively were discarded and not included in Appendix A Description of features adopted for analysis and their weights There can also be some other good governance principles which were not included in our research for example such as equity sus tainability or responsiveness They were not analysed because it was diffi cult to formulate question that could tell us whether these principles are fulfi l or not Moreover the research would be more and more complicated Nevertheless we know that none of the principles should be considered separately In fact all of the princi ples should be treated as a whole to make real estate management more effi cient because none is more important than the others Also a cluster analysis was applied in order to divide the chosen countries into comparative groups Some indicators were selected from the ones published by different organizations such as World Economic Forum 2012 The World Bank b Effi ciency of legal framework in challenging regulations 1 means very ineffi cient 7 means effi cient c Transparency of government policymaking meant as ability to obtain information about government policy and rules of law 1 means impossible 7 means possible Analysis of these three attributes includes not only collected points but also a place of different countries in the rank The next four attributes relate to real estate rights registration and come from The World Bank 2 5 means low effectiveness 2 5 means high effectiveness b Rule of Law observance of the law including the quality of the contracts observance of property rights Kaufmann et al 2010 2 5 means unclear rules 2 5 means strictly defi ned rules c Control of Corruption 2 5 means high corruption 2 5 means lack of corruption A main cause of the use of the above attributes was the reliabil ity of the sources They comes from four well known organizations and contains