Built environment project: Q1 update (January – March 2023)
In January 2022 we launched our Built Environment project with the support of Laudes Foundation. The project supports decarbonisation of the sector by working with leading real estate, development and construction organisations across Europe to help them use TCLP clauses at scale.
In Q1 2023 we have:
1. Published professional guidance with the Law Society of England & Wales
Following a year of collaboration between TCLP, the Law Society Land Law Committee, the City of London Law Society, RICS and CBRE – The Law Society published its guidance on Green leases and Minimum Energy Efficiency Standards for commercial properties in England & Wales. The high level guidance defines green lease drafting, summarises what it means for solicitors and their clients and explores TCLP’s key leasing clauses.
The Society advises that: ‘It’s important for solicitors to keep apprised of current practice relating to green lease provisions so that they can give their clients the opportunity when appropriate to include such drafting in their leases.’
2. Published a new ‘built environment climate contracts tool’
UK law firm TLT worked with us to create a built environment contract solutions tool that will help those in the sector – from lawyers to surveyors – navigate climate-aligned drafting. The interactive tool guides users through their legal contract journey, highlighting the documents typically used at each stage. It suggests relevant climate clauses for pre-planning, planning, funding and construction, through to sale, lease, occupation and reporting to clients, while taking in employment and procurement considerations.
3. Published a new case study on using TCLP clauses in client contracts
To tackle the high climate impact of buildings, UK law firm Foot Anstey is advising clients on how to use climate clauses to achieve commercial and net zero goals. Foot Anstey lawyers have adapted TCLP’s construction modifications, materials, modern methods of construction and renewable energy sourcing clauses for use in built environment contracts. In 2022, more and more Foot Anstey clients have asked the firm about net zero contract strategies, supply chain issues, and contract due diligence. In response, Foot Anstey organises sessions to brief clients on TCLP and explore options for using climate clauses to meet these needs.
Read the case study here.
4. Published three new green leasing clauses for Ireland
The ‘Irish Property Working Group’ adapted TCLP’s relevant England & Wales provisions to create three new green lease clauses for Ireland: Amélie & Lauri’s Clause, Emily & Tom’s Clause and Odhran’s Clause. The Group is a pioneering collaboration of lawyers from several firms across Ireland and the Landlord and Tenant Task Force of the Conveyancing Committee of The Law Society of Ireland. These clauses should be treated as a menu from which landlords and tenants can select the clauses most suitable for their premises. Their publication has already inspired a new Irish group to begin transposing our construction clauses for use in the jurisdiction.
Read the full press release here.
5. Joined NEC4’s X29 Working Group
NEC’s ‘Secondary Option X29 Climate Change’ was released in July 2022 aims to reduce the impact of emissions arising through the lifecycle of a built asset by raising the parties’ climate change policies in the project scope of works. The X29 wording can be incorporated across the suite of NEC4 main contract and main subcontract forms ranging from the Design and Build Contract to the Professional Services Contract. We have been invited to join NEC’s new X29 working group, which aims to further the development of best practice climate change requirements, performance targets, and measures that can support the construction community in achieving sustainability performance objectives.
Opportunities to get involved
In the next quarter we will:
Trial a new TCLP product with a closed working group
We will test a new TCLP product aimed at helping users to get information on contract emissions. If you are an in-house counsel or sustainability professional:
- with an organisational decarbonisation target in place,
- able to commit to a 2-month working group period, and
- have a contract in mind in which to introduce contract emissions disclosure & reporting requirements,
we would like to invite you to participate in a trial of new TCLP content. Please email Josh van den Dries by 30 April 2023 for more information.
Increase our impact through European transpositions teams
If you are a built environment professional considering using TCLP clauses in Europe and would like to collaborate with a like-minded network in your jurisdiction, we may be able to connect you with a local transpositions team. Please email Josh van den Dries for more information.
Develop further case studies
If you are using TCLP’s built environment clauses in your contracts, we want to hear from you and share your experience to inspire others in the sector. Please email Josh van den Dries with your case study proposal.