A fundamental shift for physical retail…

Skyscrapers rise into a cloudy night sky, their windows glowing with interior lights. Nearby buildings reflect on the glass surface, creating an urban atmosphere.

It was great to see so many familiar faces at the GRO spring event last week. 

I also managed to attend a couple of interesting panel sessions and the overwhelming theme was that there has been a fundamental shift in what success looks like for physical retail and shopping centres. 

Physical stores are no longer just a space to sell products. They are a data channel, a place to showcase, a place to create experiences and draw attention and a place to foster brand loyalty. Whilst a material amount of actual purchases may take place online, physical stores are still an important part of the retail business model.

We have seen a rise in pop-up stores, where smaller businesses can test their readiness for physical retail and gather data. A physical space allows these businesses to create a closer connection with their customers, obtain real-time feedback on their products and generate hype.

Combined with the diversification of offerings (think gyms, health centres and leisure), shopping centres are becoming community hubs and driving footfall. There is a more scientific approach to matching services with community needs as well as mixing long-standing, reliable brands with new and exciting concepts.

For many years the turnover rent lease has prevailed. However, I have to wonder if the measure of success of a physical store moves towards promotion rather than sales, we may see a re-imagining of the rack rent lease model to reflect the ever-changing partnership between landlords and occupiers.

BNG update: exemptions and further consultation

Blueprint displaying a detailed architectural floor plan, showcasing rooms, corridors, and spiral staircases. Grids and lines indicate measurements and sections. Text includes numbers and labels like "SALON."

Following the 2025 public consultation into improving the implementation of biodiversity net gain (BNG) for minor, medium and brownfield development, the Government has announced the following:

  • Removal of the self and custom build exemption. The Government expects that small scale single dwellings will be covered by the new area based exemption.
  • The Government announced in December 2025 a new 0.2 hectare area-based exemption for all applications, regardless of the development type. The existing de minimis exemption will continue to apply at this stage.
  • Temporary planning permissions granted for a maximum of 5 years will be exempt from the BNG regime.
  • Amendments to the biodiversity gain hierarchy for minor development, placing off-site biodiversity gains on the same preference as enhancement and creation of onsite habitat. 

All of the above are now expected to take effect before 31 July 2026 (subject to parliamentary scheduling) with draft legislation being tabled by DEFRA. 

A new consultation has also now been launched on an exemption for residential development on brownfield land, closing in June 2026. The Government expects to bring forward any amendments arising from that consultation later in 2026. 

The Government has reiterated its commitment to the BNG regime and these new announcements appear to show an attempt to strike a balance between this position and its commitment to support development, particularly in respect of house-building targets. From a local authority perspective, these amendments are likely to mean determination of smaller applications can progress faster without consideration of the requirements of the BNG regime. 

The government remains committed to BNG and recognises the importance of BNG in delivering nature-positive homes and infrastructure that this country needs.

https://www.gov.uk/government/consultations/improving-the-implementation-of-biodiversity-net-gain-for-minor-medium-and-brownfield-development/outcome/government-response-and-summary-of-responses#government-response-part-1-improving-exemptions

The Future Buildings Standard is here: what do commercial real estate investors/developers need to know?

Skyscrapers rise into a cloudy night sky, their windows glowing with interior lights. Nearby buildings reflect on the glass surface, creating an urban atmosphere.

Many of us will have read headlines in the press this week about the launch of the updated Future Homes Standard, which mandates zero carbon technology (e.g. solar panels, heat pumps) on most new domestic homes.

This is an important step and has been well received but this week has also seen, after a long wait and with somewhat less fanfare, the announcement of the Future Buildings Standard (FBS) for non-domestic buildings.

What is it and how did we get here? 

As mentioned in the Solar Roadmap the Government has identified the key contribution that rooftop solar on non-domestic buildings can make in the road to net-zero. The Roadmap also envisages that the Building Regs regime will be the most reliable route for scaling up rooftop solar (as with domestic buildings and the ‘Future Homes Standard’).

In short, the FBS introduces mandatory solar PV (amongst other energy performance requirements) for new buildings via Part L of the Building Regulations in England.

What does this mean for commercial real estate?

New non-domestic buildings in England will be required to produce significantly lower carbon emissions than under existing regulations, specifically:

Non-domestic buildings (e.g. offices, warehouses, retail buildings) must incorporate solar panels equivalent to 40% of the building’s foundational area.

Other points to note:

  • Transitional arrangements apply to existing projects where an initial notice or application for building control approval has been submitted before 24 March 2027 (as long as that work starts before 24 March 2028).
     
  • The updated Regulations will apply to ‘higher-risk buildings’ (using the Building Safety Act definition) from 24 September 2027 (rather than the 24 March 2027) and different transitional provisions apply depending on whether a valid Gateway 2 application has been made before this date. Additionally, HRBs are exempt from the solar PV requirement.
     
  • Buildings containing accommodation which is not ‘self-contained’ (e.g. hotel rooms and student accommodation which do not have their own entrance, kitchen, bedroom, living space) will be assessed in line with the regulations for non-domestic buildings rather than domestic.
     
  • These requirements do not apply to:
    • Listed buildings or buildings in a conservation area if compliance would unacceptable alter the building’s character or appearance.
    • Buildings used primarily or solely as places of worship,
    • Temporary or modular/portable buildings (planned to be used for two years or less).
    • Industrial/workshop/agricultural buildings with no or limited energy demand for heating or cooling systems.
    • New and existing non-domestic buildings with less than 50 square meters of useful floorspace.
    • Carports and covered yards below certain sizes. 

Key dates:

  • 24 March 2027 – commencement of the FBS for most non-domestic buildings excluding higher risk buildings (HRBs).
  • 24 September 2027 – commencement of the FBS for HRBs.
  • 24 March 2028 – end of transitional arrangements for non-HRBs.

Final thoughts:

We welcome the Government publishing their response on the Future Buildings Standard and the continued recognition that rooftop solar on non-domestic buildings has a big part to play in reducing our reliance on gas and oil – particularly in light of recent events in the Middle East.

Nevertheless, a variety of challenges remain for landlords and developers looking to implement rooftop solar projects into their portfolios, including Grid connections, tenant engagement, concerns around rooftop structures but also viability/financing concerns. The withdrawal of VAT rebates on Chinese exported PV panels from 1 April 2026 is going to add significant costs to the cost of new PV panels.

The Future Buildings Standard is, therefore, a good start but is just one piece of a rather complicated puzzle. Click here to visit our commercial real estate page.

When data centres become targets: a legal wake‑up call on resilience, data sovereignty and energy security

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Recent attacks on data centres during the ongoing conflict involving Iran underline a stark reality. Data centres are no longer just commercial assets. They are strategic infrastructure.

Their targeting reflects how deeply digital infrastructure is embedded in modern economies. Banking systems, healthcare, logistics, government services and AI platforms all rely on uninterrupted access to data. When data centres fail, the consequences are immediate, wide‑ranging and often legally complex.

For businesses, developers and investors, this marks a shift. Operational resilience, data sovereignty and energy security are now legal and strategic considerations, not simply technical ones.

Resilience is becoming a legal obligation

Historically, resilience was addressed through service levels and technical design. That position is changing rapidly.

In the UK, data centres have been designated Critical National Infrastructure, and forthcoming reforms to the cyber and resilience regime will bring large data centres directly within the scope of regulatory oversight. Operators will be expected to demonstrate appropriate and proportionate measures to manage physical, cyber and operational risk, alongside mandatory incident reporting.

From a legal perspective, this raises key questions:

  • How resilience obligations are allocated between landowners, developers, operators and occupiers.
  • Whether existing leases, options, development agreements and collateral warranties adequately address business continuity, outages and force majeure.
  • The extent to which resilience commitments should be reflected in planning conditions, infrastructure agreements and funding documentation.

Standards such as ISO 22301 (Business Continuity) and ISO/IEC 27001 (Information Security) are increasingly relevant as reference points when assessing whether resilience measures are reasonable or market standard. This is particularly so in disputes, regulatory scrutiny or transactional due diligence.

Data sovereignty moves from policy to property

The conflict also sharpens the focus on where data is stored and under whose control.

Data sovereignty is no longer driven solely by data protection law. Geopolitical risk, sanctions exposure and national security considerations are influencing decisions about site selection, ownership structures and operational control of data centres.

For the UK and EU, this is accelerating demand for:

  • In‑country and sovereign data centre capacity.
  • Greater scrutiny of foreign ownership and control.
  • Contractual restrictions on data location, access rights and cross‑border failover arrangements.

From a property and development perspective, this has implications for planning strategy, investment structuring, joint ventures and long‑term asset value, particularly where sites are intended to support public‑sector, regulated or sensitive workloads.

Energy security becomes part of resilience

Recent events in the Middle East underline a further and often under‑appreciated risk. Data centre resilience is inseparable from energy security.

The current conflict involving Iran has driven a sharp increase in global oil prices, compounded by Qatar’s unprecedented decision to halt oil production. That development alone has exposed the fragility of global energy supply chains and the speed at which geopolitical events can translate into economic and operational instability. For infrastructure reliant on continuous, high‑volume power, the implications are immediate.

In this context, energy strategy is no longer just a question of cost or sustainability. Secure, controllable access to power is now a core resilience issue.

While the sustainability case for renewables is well established, the energy security case cannot be undervalued. On‑site and locally generated power, including wind, solar and tidal energy, can reduce dependence on volatile international markets and exposed fuel supply routes when paired with appropriate storage and grid balancing. Small Modular Reactors (SMRs) are also increasingly being examined as a potential long‑term solution for delivering stable, low‑carbon baseload power to energy‑intensive infrastructure such as data centres.

For developers, investors and occupiers, this reframes energy procurement as a legal and strategic risk issue. It raises questions around long‑term power availability, exposure to fuel and pricing shocks, planning and consenting strategy, and how energy risk is allocated contractually across ownership and operational structures.

In short, resilience is no longer just about surviving outages. It is about insulating critical infrastructure from geopolitical energy shocks. Sustainability remains vital, but the current conflict demonstrates that energy security now sits alongside decarbonisation as a primary driver of data centre strategy.

Resilience, sustainability and regulation are converging

Resilience cannot be separated from sustainability. For example, the EU’s Energy Efficiency Directive now imposes reporting and performance obligations on larger data centres, including energy usage, cooling efficiency and waste heat reuse.

While driven by climate policy, these requirements also support resilience by reducing strain on power, cooling and grid infrastructure. All of these are critical during periods of disruption. For developers, energy strategy is increasingly inseparable from resilience strategy.

What this means in practice

For those involved in developing, owning or operating data centres, the lesson is clear. Resilience, data sovereignty and energy security must be embedded at a legal and structural level, not retrofitted later.

That means:

  • Addressing resilience and power security at the site selection and planning stage.
  • Clearly allocating operational and energy‑related risk in contracts and funding documentation.
  • Treating regulatory compliance as a value‑preserving exercise, not a tick‑box.

The events in Iran may be extreme, but the signal is unmistakable. Data centres are now nationally significant assets. Their regulation, design and energy strategy are evolving accordingly.

Those who anticipate this shift will be better placed to manage risk, protect asset value and maintain trust in an increasingly uncertain world.

Cloud infrastructure was always theoretically vulnerable to kinetic warfare, but nobody had priced that risk in so far. Now that has to change

https://www.aa.com.tr/en/middle-east/iran-war-shows-data-centers-emerging-as-critical-targets/3852984

New heat network regulations now in force across Great Britain: what owners need to do

A row of modern townhouses features large glass doors and brick façades. The buildings have balconies above the ground floor, and the symmetrical design is set in a suburban environment.

Today marks a major milestone for heat networks across Great Britain. From 27 January 2026, Ofgem officially begins regulating heat networks, creating a new compliance landscape for anyone who owns or operates a communal or district heating system. This change introduces long awaited consumer protections and brings heat networks closer to the standards seen in gas and electricity markets.

Why this matters

The Heat Networks (Market Framework) (Great Britain) Regulations 2025 take effect today and establish the legal foundation for the new regulatory framework. 

The new regime is underpinned by Ofgem’s role as the statutory regulator for heat networks. Ofgem has published formal guidance, the regulatory timeline, registration requirements and consultation responses on its official heat networks hub here: Ofgem Heat Networks Regulation Hub.

Together these form the basis for a sector-wide shift in expectations relating to consumer protection, billing transparency and operational standards.

What owners and operators must do immediately

1. Confirm your regulatory role
Heat network ownership brings responsibilities that fall into two regulated categories. The operator controls the physical system. The supplier provides heat to customers. Many building owners fall into both categories and must meet both sets of regulatory requirements. 

2. Begin complying with Ofgem requirements
From today, operators and suppliers must meet new consumer protection standards aligned with wider energy markets. These include transparent billing, clear communication, robust complaints handling and protections for vulnerable households. Consumers now also have formal access to the Energy Ombudsman for unresolved complaints.

3. Prepare for authorisation and registration
All heat networks operating before January 2027 will be automatically authorised – ‘deemed authorisation’. Full registration with Ofgem must be completed by 26 January 2027. Operators of heat networks with deemed authorisation must register with Ofgem using the heat networks digital service by 26 January 2027. After this period, authorisation will be granted by application to Ofgem.

4. Carry out technical due diligence
Alongside the new regulatory framework taking effect today, the Government is also developing the Heat Network Technical Assurance Scheme (HNTAS), which will introduce mandatory technical standards for both new and existing heat networks. According to the Department for Energy Security & Net Zero, HNTAS will not begin immediately but will be phased in with a planned launch in 2027, following further consultation and finalisation of the technical requirements. This phased approach is intended to give the sector sufficient time to understand, shape and prepare for compliance with the forthcoming technical standards. 

5. Continue meeting metering and billing duties
The introduction of Ofgem regulation does not replace existing obligations under the Heat Network (Metering and Billing) Regulations 2014. These duties include installing meters where feasible, billing based on actual consumption and maintaining accurate data records. 

Looking ahead

With Ofgem now holding enforcement powers including financial penalties, compensation orders and ongoing audits, compliance is no longer optional. Today represents a major turning point for the heat network sector. Owners and operators who act early will be best positioned to reduce regulatory risk and deliver a more transparent and reliable service to consumers.

This shift marks an important step forward in building a fairer, more consistent and more resilient heat network market. It strengthens protections for consumers, raises operational standards across the industry, and supports the UK’s long term transition to low carbon heat.

Unit Inventory extras – Tips and Traps for Developers

A row of modern townhouses features large glass doors and brick façades. The buildings have balconies above the ground floor, and the symmetrical design is set in a suburban environment.

Unit inventory extras are often a welcome add on to purchasers of luxury property, differentiating schemes in a highly competitive market. “Extras” can vary from balconies to parking spaces and require forward thinking from the developer on strategy in advance of the launch of a scheme.

Questions to think about when consulting your legal advisor:

  • What price is to be attributed to these interests in the unit inventory?
  • Are these legal interests to be demised to a tenant by a long lease and assignable?
  • Or is there a preference for the landlord to grant a tenant a personal licence to use a parking space or storage unit?
  • In respect of the exclusive use of a balcony or terrace adjoining a unit, is the grant of a right in a lease sufficient for both landlord and tenant or should the interest be demised in the unit lease?
  • Who is going to be responsible for the repair and maintenance of these features and who is going to be responsible for associated costs?
  • What level of management responsibility does the landlord wish to retain?   
  • How does your proposal sit with your scheme planning approvals?

What kinds of inventory extras are there?

Parking space provision: often a sparse and valuable resource and a key selling feature. Does the landlord want to divest itself of a capital interest in the parking space potentially introducing constraints on any future redevelopment of the parking area as part of the larger scheme or would the parking accommodation within the scheme better lend itself to a right to park on a first come, first served basis?  What services are required and how does the legal documentation distinguish between those purchasing with or without parking accommodation in the service charge regime?  Does the planning approval allow residents to apply for parking permits from the local authority and what are the drafting considerations for ensuring that any planning restrictions are reflected in the marketing and transaction documents? 

Storage units: might this space be used more profitably as parking?  Similar considerations apply as to storage accommodation as parking provision where these interests might offer more landlord flexibility when offered to tenants under licence but without the capital return in the premium on the grant of a long lease. 

Balconies: only the surface would be demised and for the tenant to repair and maintain in a long lease, the structure would remain the responsibility of the landlord to repair and maintain.  Consider specific lease drafting to guard against leaks or flooding from balconies into other units, the use of balconies for BBQs and other fire safety concerns and to regulate balcony furnishings in the interests of good estate management.  Are there any scheme specific reasons why a landlord would not want to demise a balcony and would want the balcony to remain within the building service charge regime?   

Terraces: as with a balcony, only the surface of a terrace would be demised to the tenant in a long lease and similar considerations apply to the legal treatment of terraces as to balconies.  Are these areas included within the agreed floorspace measurement in “off-plan” sale contracts (and how are they treated in achieving tolerances)? 

 

Tip
1. Consider as part of the sales pack assembly the legal treatment of ancillary interests or features such as any parking spaces or storage units in the scheme or balconies or terraces adjoining units.  
Traps
1. Don’t neglect to address what may seem like lesser concerns when initiating a development project by failing to determine the treatment of ancillary interests at the outset.                                                           
2. Do ensure that planning requirements are satisfied.
3. Don’t neglect to address any potential funder requirements or potential future funder requirements on financing or refinancing the scheme.
4. Do keep accurate records updated as to what is agreed and ensure that all transaction documents are consistent.

Reservation fees and Consumer Code for Home Builders – Tips and Traps for Developers

A row of modern townhouses features large glass doors and brick façades. The buildings have balconies above the ground floor, and the symmetrical design is set in a suburban environment.

What are reservation fees?

A reservation fee is the consideration paid by a purchaser to secure an exclusivity period on a property purchase typically implemented in off plan sale transactions but used widely in the residential property market. An exclusivity period is the time accommodated by the developer or seller intended to be a reasonable period for the purchaser to complete their due diligence and exchange contracts on the expiry of the reservation period, legal enquiries having been satisfied, contract agreed, without the pressure of being gazumped by another purchaser. 

A reservation fee is not a deposit, and a reservation agreement is not a legal commitment to sell a property.  Either party may withdraw from a reservation agreement.  Typically, if a developer withdraws the reservation fee will be refunded to the purchaser and if the purchaser withdraws the reservation is non-refundable excepting in limited circumstances. If the purchaser does not exchange within the reservation period but later exchanges contracts, it is generally the case that treatment of the reservation fee will be at the developer’s discretion and for the developer to determine whether to credit the reservation fee to the deposit.

In the super prime market, or in a rising market or for a scheme in high demand, what is the price to be attributed to offering purchaser exclusivity? 

For a purchaser registered with their solicitor, funding in place and with a local authority search return time of 5-10 working days, or for a well advised purchaser ready to engage with their transaction, is it prudent to engage in reservation agreement negotiations which may distract or delay a transaction where the sale process might alternatively be initiated immediately and exchange achieved more expeditiously?  In the super prime market, what relationship is engendered between the parties if a reservation fee is demanded on agreeing sale?    

Key considerations: 

  • What is the purpose of the reservation fee?  
  • What reservation fee is commensurate to the purpose? 
  • Is the employment of a reservation agreement market practice for the property of the nature being sold? 
  • Is a reservation fee to be applied universally or on a case-by-case basis? 
  • How long is the reservation period? 
  • When is the reservation fee due to be refunded to the prospective purchaser?  
  • Tip: When appointing selling agents and addressing your marketing strategy consider whether you wish to universally apply a reservation agreement strategy when securing property reservations and the terms on which any reservation fee will be held.

     

Tips
1. The Consumer Code for Home Builders (“the Code”) requires purchasers to be given a reservation agreement that clearly sets out reservation terms and requires that a reservation fee must be reimbursed if the reservation agreement is cancelled less any reasonable costs incurred (that could not have reasonably been mitigated).
2. The Code applies to purchasers of new homes built by developers under the insurance protection of one of the new home warranty bodies including NHBC, Premier Guarantee, LABC Warranty and Checkmate.
3. In an industry where reputational management is of paramount importance and social media often underpins business success, it is worth considering the treatment of reservation agreements with some sensitivity to avoid any potential negative publicity arising around this issue.
Traps
1. Offering exclusivity to an uninitiated purchaser in a bull market where a relatively small reservation fee is not a proportionate incentive to a developer.  It is possible that engaging the reservation process is not a developer advantage if there are subsequently not insignificant delays incurred in the purchaser’s registration with a solicitor and finalising a reservation agreement.
2. Taking a reservation fee in a market where demand for a property is not high, and the developer is unlikely to enforce the terms of a reservation agreement if an exchange is not achieved during the reservation period.
3. A serious breach of the Code may be enforced by new home warranty bodies including sanctions such as withholding the issuing of certificates of insurance and removal from the new home warranty provider’s register as well as more onerous sanctions which may be applied.
4. The Code does not apply to second-hand properties.  However, under The Property Ombudsman Code of Practice for Residential Estate Agents unless a buyer and developer wish to utilise a reservation agreement, an estate agent should not generally facilitate pre-contract deposits.  
5. The Property Ombudsman offers an alternative dispute resolution procedure to use of courts to pursue a complaint.

Keeping your legal sales pack up-to-date – Tips and Traps for Developers

A row of modern townhouses features large glass doors and brick façades. The buildings have balconies above the ground floor, and the symmetrical design is set in a suburban environment.

Selling units in a development scheme and completing sales when the scheme has achieved practical completion can be an onerous exercise in project management and document collating for a developer’s legal advisor. 

Before initiating the marketing of a scheme, a vast amount of work will have been undertaken by a not insignificant number of advisors in a developer’s professional team. Your advisors will have assisted you in making key strategic decisions in relation to your scheme, the culmination of which will be presented to your customers in the marketing and legal conveyance of the units. What next?

It is imperative that at the point of traction with a customer, legal sales documents are complete and accurate and that they are kept up-to-date throughout the course of build out until the last unit sale in a scheme.

Key considerations:

Each sale is a collective exercise in information sharing. Ensure that your legal advisor is introduced to a person who will be able to provide them with and keep them updated on:

  • site acquisition information and any indemnity insurances;
  • instructions on transaction documents (agreement for lease and lease or transfer);
  • replies to the standard form of enquiries raised in the Property Information Form and Leasehold Information (as applicable);
  • details of unit sales and reservation terms;

Also make an introduction to:

  • the project manager or person who will update on the status of works and build out programme/provide updates on anticipated practical completion dates and practical completion and building regulations completion certificates, specifications and snagging;
  • the planning team who will provide copy planning approvals, condition discharge trackers, rights of light and third party consents to works;
  • the managing agents;
  • the relationship manager;
  • the finance team and advisors who will confirm lender processes and expectations on completion, service charges, ground rents, buildings insurance and provide new home warranty information. 

Update your legal advisor when you are aware of personnel changes on your teams and ensure that all parties are aware of their legal obligation on behalf of the developer to provide accurate information to the legal advisor and keep this information up-to-date.

 

Tips

Keep in mind to provide accurate information;

  1. Any failing in the provision of accurate information pre-exchange risks endangering trust and goodwill engendered between developer and customer, as well as the efficiency of a transaction and ultimately the receipt of revenue and repayment of bank debt.
  2. Any misrepresentation in information provided to a customer in the legal sales pack may entitle a customer to terminate their contract (before completion) or to claim damages. 
  3. At any stage in a transaction, a failure to provide complete and accurate information to your customers can present reputational risks and damage business relationships.
Traps

Share your concerns at an early stage, particularly if they are in relation to:

  1. Commercial realities, lender pressure, tax advice, build out experience or changes in the law that may solicit precedent document changes;
  2. Disputes during built out and planning infringements soliciting changes to replies to standard form enquiries;
  3. Knowledge of disgruntled customers and likely receipt by your legal advisor of correspondence from a customer’s solicitor (appetite for contract assignment consent/dispute as to achieving contract area tolerances or build out in accordance with specification etc) should be discussed with your legal advisor at an early stage so that an agreeable strategy for dealing can be determined quickly, corrected information is provided expediently and the mitigation of a precarious position achieved as soon as reasonably practicable.  

Looking beyond the Bubble

A row of modern townhouses features large glass doors and brick façades. The buildings have balconies above the ground floor, and the symmetrical design is set in a suburban environment.

The AI boom has triggered endless speculation about bubbles and valuations (for example this recent article from the Guardian Boom or bubble? Inside the $3tn AI datacentre spending spree | Artificial intelligence (AI) | The Guardian or the recent podcast from Prof G Markets on the “Red Flags at Open AI). 

But is focusing on whether AI is a bubble missing the real story: the capital flowing into AI is building the backbone of our future. Even if current valuations are too optimistic (despite Nvidia’s reported stronger-than-expected revenues last week), the infrastructure being deployed today will outlast the hype and enable the next era of computing and beyond.

Why Michael Burry’s Short Doesn’t Change the Long Game

Michael Burry, famed for The Big Short, has taken a $1.1 billion short position against Nvidia and Palantir, warning of dot-com-like exuberance. He may be right about near-term volatility. 

Bloomberg, and many others, have charted the interconnected web of capital flows between hyperscalers, chipmakers, and cloud providers: Nvidia at $4.5 trillion, OpenAI at $500 billion. Deals like Oracle’s $300 billion cloud partnership and Nvidia’s $100 billion commitments highlight how capital is converging on infrastructure as the ultimate prize. 

Unlike the ephemeral websites of 2000 however, today’s investments are in hard infrastructure – assets that will power AI, edge computing, and digital services for decades. As Wakdenar Szkezak states in his Financial Times article Investors need to look beyond the ‘bragawatts’ in AI infrastructure boom  “railway investors in the 19th century lost fortunes, yet the tracks they financed stitched together national markets.”

The Backbone Being Built

Hard infrastructure is being built and it is a multi-layered transformation:

  • Hyperscale Data Centres: Massive facilities optimized for AI workloads, with high-density GPU clusters and advanced liquid cooling systems.
  • Energy Infrastructure: Multi-gigawatt renewable energy projects and grid upgrades to power AI compute.
  • Fibre Networks: Global high-capacity fibre routes to reduce latency for AI services.
  • Edge Computing Nodes: Smaller, distributed data centres bringing AI closer to users for real-time applications.
  • Specialized Hardware Supply Chains: From Nvidia’s H100 GPUs to custom ASICs and networking gear.
  • Cooling Innovation: Immersion cooling and heat reuse systems to manage thermal loads sustainably.

The Real Question

Therefore, instead of asking if AI is a bubble, ask: How will this infrastructure reshape the digital economy for decades to come? Even if some investors lose (and it is looking likely they will), the world gains a foundation for innovation – AI today, quantum tomorrow, and technologies we haven’t imagined yet – enduring assets that will underpin the next era of digital services.

History offers perspective that infrastructure built is rarely wasted and forms a foundation that outlasts the cycle - even if not every investor is spared in the disruption.

https://www.ft.com/content/bf687d99-f373-4a41-8651-fca9dba83aa0?accessToken=zwAGQ8qW_vEokdO_aH2Z83NKQdOGUfyp26g6oA.MEUCIDGra579KpIhMJ4wIZCsc0HEkpA0Mx9K7oFtUbOWluEVAiEAs23Mjb5KMh4R5EBSrOQbeLt9G82aGTqUMUwCQRYFaAQ&sharetype=gift&token=8649a50a-e934-4a80-9f11-85124b27373e