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 Q2 2023 we have:
1. Hosted roundtable sessions for the construction industry
At these closed sessions a mixture of employers, contractors and consultants discussed putting emissions disclosure and reporting requirements into contracts. Guest speakers from AstraZeneca, EDF Renewables, Foot Anstey, Buro Happold and The Environment Agency shared their lessons learned from putting climate contracting principles into practice. This was an opportunity for industry peers to bring their issues to the table, hear success stories and develop a practical plan to implement these measures in their agreements.
If you are grappling with using climate clauses in the built environment and interested in joining future sessions – please email Josh van den Dries.
2. Adapted TCLP clauses for the Better Buildings Partnership’s (BBP) Green Lease Toolkit
As a member of BBP’s Legal Working Group for its Green Lease Toolkit update, we have collaborated with law firms to update and modernise its model clauses. Our green lease (and other) clauses provided valuable precedent wording to raise the ambition of BBP’s model clauses, several of which now draw heavily from TCLP provisions. The Toolkit will be published free to all later in 2023. It is an opportunity to bring climate clauses to BBP members and the wider industry of property owners, tenants, managers and developers.
3. Worked with a leading property risk search provider to update [Marni’s Clause]
Since [Marni’s Clause] Report on Title – Climate Change Clauses was first published in February 2020, specific climate risk searches for properties have become widely available in the conveyancing market. We have collaborated closely with Groundsure (a leading property search risk provider) to update Marni’s Clause and reflect the availability of such searches. The clause improves transparency and reporting about the physical, transition and future liability risks of climate change for properties in the UK in reports on title. In so doing, the clause helps solicitors fulfil their duty of care to advise clients about climate change risks as outlined in the Law Society (England and Wales) Guidance: The impact of climate change on solicitors. In particular, the guidance asks solicitors to consider the need for climate searches in relation to property transactions (Annex 1, s.5).
4. Published four new built environment clauses
With the support of our community we have published four new clauses for the built environment:
- [Sarah’s Clause] Allocating Scope 1, 2 and 3 Emissions for Leased Assets allocates responsibility for measuring and reporting the scope 1, 2 and 3 emissions of leased assets between the Lessor and Lessee. Sarah’s Clause is linked as a resource to help companies clarify their emissions management obligations in Scope 3 Guidance for Telecommunications Operators, published by the global telecommunications networks GeSI, GSMA and ITU-T.
- [Tessa’s Clause] Sustainability Enterprise Delivery Measures within Construction Works Task Orders is based on the NEC4 standard form and is for contracts entered into by an employer and contractor in a construction context. It sets enterprise delivery measures (EDMs) to drive performance on sustainability.
- [Daniel’s Clause] Sustainability Key Performance Indicators in Construction Works Task Orders is also based on the NEC4 standard form and is for contracts entered into by construction employers and contractors. The clause identifies six KPIs for the contractor to measure and report to the employer on its performance.
- [Campbell & Zaynah’s Clause] Property Clause adapts part of [Emma’s Clause] Green Residential Lease Clauses (England & Wales) for use in Aotearoa New Zealand. It requires the parties to understand the environmental performance of a building, to improve that performance, and to use the building in a way that is more environmentally friendly.
5. Grown our team with a secondee from Foot Anstey
Building on Foot Anstey’s use of TCLP climate clauses in the built environment, we have grown our project team with the support of a part time secondee from the UK top 100 law firm. Trainee solicitor Ffion Davies will play a critical role in delivering Built Environment project outputs for the duration of her training contract. Ffion brings valuable, relevant experience to TCLP, working as part of Foot Anstey’s ‘developer sector’ teams.
Opportunities to get involved
In the next quarter we will:
Build on our roundtable sessions to support industry stakeholders with using climate contracting principles
We will use the valuable challenges, solutions and commercially practical tips for using climate clauses shared during our construction roundtable sessions to best support influential stakeholders in the built environment. We will also hold 1:1 calls with high priority stakeholders with the greatest impact to influence change in the sector.
If you are a built environment stakeholder who would like to discuss your efforts to use climate contracting principles and how TCLP might be able to support you, please email Josh van den Dries with details.
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. In Q2 2023 new transpositions teams have been established in France, Spain and Japan. 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.
Final quarterly update for the website