Built Environment project update: Q2 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 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:

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

This is our final quarterly update for publication on the TCLP website. In future, we will published these updates in rolling press releases and social media posts.