Law Society guidance on green leases
The Law Society’s Guidance on Green Leases and Minimum Energy Efficiency Standards covers what green lease drafting is, what this means for solicitors and their clients, the importance of green leases, their impact on the market and client demand and model green lease clauses that can be used. It covers commercial properties in England and Wales only. The key elements of the guidance are set out below.
What is green lease drafting?
‘Green lease drafting’ is drafting that provides for the landlord and the tenant to undertake specific responsibilities and obligations to minimise carbon emissions arising from the sustainable development, operation and occupation of a property. Examples include energy efficiency measures, including obtaining and/or maintaining an energy performance certificate (EPC), data sharing—including, for example, utilities consumption, waste reduction and management and recycling, using sustainable materials for repairs and alterations, water efficiency, measures to comply with statutory environmental standards and/or achieve target certifications (eg Building Research Establishment Environmental Assessment Method (BREEAM)) and consideration of wider adverse climate impacts.
Green lease provisions can help reduce scope 1–3 emissions
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