Up Again: Premises & Workplace
Premises and workplace Q&A
What are the key things that employers have to consider in relation to social distancing in the workplace, e.g. open plan or spacing of desks, use of shared equipment, limited access to communal facilities, canteen / restaurant, etc.?
The recommendation is to keep 1-2 m social distancing also at the workplaces, if possible.
If social distancing is not possible, the employer must provide for protective equipment to prevent or minimise the risk of infection or alternatively employees should be present at rotating shifts.
Social distancing should also be considered when employees come in and leave the workplace and in going within the workplace as well as when using communal facilities.
Currently public events of at least 10 people have been forbidden and as of 1 June 2020, the limit will be 50 people. The same restriction applies to gatherings at the workplaces, i.e. the restriction must be taken into account when arranging town hall meetings, social gatherings, using communal facilities etc.
For use of shared equipment, the employer should provide for cleaning equipment and hand sanitisers. If at the open plan office the employees do not normally have their own workstations, it is advisable to consider whether designated workstations should be in use for the time being.
What key hygiene and/or infection prevention measures will employers have to take to ensure a safe workplace e.g. provision of adequate hand washing facilities, regular deep cleaning of offices, etc.?
The Finnish occupational health and safety regulations require that sufficient sanitary facilities, staff rooms and changing rooms are arranged at the workplace. The risk assessment should also include an evaluation whether the facilities should be adjusted for the facilities to be safe for employees.
Additional equipment such as hand sanitisers, cleaning equipment, gloves and disposable hand towels are recommended to be at the employees’ disposal in communal facilities, by shared devices and at the entrance of the office.
The authorities have provided guidance on daily cleaning and also if an employee has been infected with the virus:
https://www.ttl.fi/en/cleaning-guidelines-for-the-prevention-of-covid-19-infections%e2%80%af/
Are there any specific obligations, liabilities or duties of conduct imposed on landlords, tenants or visitors with respect to the use or re-use and decontamination of premises; care, cleaning and maintenance of the exclusive and common areas; reporting requirements and/or measures in case of identified infections; health and safety issues - e.g. recommissioning water systems to avoid virus, installation of plexiglass screens, moving desks to comply with distancing. remodulation of fire prevention strategies (entrance/exit routes)? Is any distinction made between asset classes?
There is no external regulation imposed on landlords or tenants.
The responsibilities of the landlord and tenants for the premises are based on the contractual obligations of the parties and pre-existing legislation. Visitors of premises shall not be responsible for the premises.
However, recommendations of the authorities on social distancing and cleanliness should be considered and it is advisable to liaise with the tenants of the premises with respect to desirable actions.
It is to be noted that no premises, apart from public spaces such as libraries, museums etc., have been closed based on government regulations in Finland. Only specific restrictions on business premises has been with respect to restaurants that are closed for public but take-away orders are allowed, thus, the premises are not closed as such.
Are there any rent suspension measures and/or stay of recourses and actions (including eviction) or any Government support initiatives such as a furloughed building grant scheme (if so, maybe only a part of the building should be re-occupied)? When rent suspension measures are available, what is the usual payment mechanism and timing agreed to by the parties?
Currently there are no governmental orders on rent suspension. Rent suspensions and prolonged terms of payment should be discussed and resolved between the parties to the lease agreement.
Currently there are no government support mechanism in place for landlords.
Are there specific tax reliefs on payment or collection of rent installments? Do they apply subject to actual payment or regardless? Do they apply generally or only to specific asset classes?
Such measures are not in place.
Are there any measures regarding relief from the performance of real estate-related contractual obligations?
Such measures are not in place.
Are there any credit facilities in place to mitigate loss of income for landlords?
Such measures are not in place.
Is there any relief from loan repayments / enforcement of loans secured against properties?
Such measures are not in place.
Are public services necessary to complete the sale, acquisition or other operation of real estate assets or companies or to establish the right to open for business (planning authorities, notary public, Land Registry, Companies’ Registry, etc.)?
The pre-existing requirements apply and are available. Notary public is required only for direct real estate sales and purchases.
Are there any specific processes or protocols available to consummate real estate operations enabling them to comply with any required social distancing (e.g. electronic signature, etc.)?
Protocols can be agreed by the parties with the exception for direct real estate sales and purchases where notary public must be present. Electronic signatures are available.
Are contractors who were carrying out works within the premises obliged to resume them? Can building sites reopen when they were closed down? Are there any specific provisions in relation to certain asset classes authorising continuation / resumption of works (e.g. healthcare structures)?
Building sites have not been under lockdown in Finland. See above for employer responsibilities.
Are there remedies or contractual arrangements available to address impossibility or delay for a party to handover premises to another which are/were to be constructed or refurbished, or for such other party to take over those premises?
The parties may agree on special protocols. Impossibility or delay should be considered based on pre-existing legislation, rules and principles. There are no new remedies available.
Has the duration of validity of administrative authorisations pertaining to development/construction of real estate assets (in particular planning authorisations) been extended?
Such measures are not in place.
Is the use of disclaimers for visitors or others coming on to the site of business useful for limiting potential future COVID-19 claims?
Such disclaimer is hardly useful, since liability could arise in practice in situations of gross negligence and willful misconduct where liability under Finnish law cannot be effectively excluded by a disclaimer.