Built Environment project update: Q4 2022

Built environment project: Q4 update (October – December 2022)

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 Q4 2022 we have:

1. Been referenced in Sweet & Maxwell’s ‘Practical Lease Precedents

Practical Lease Precedents is an influential standard form/guidance text for property lawyers in England & Wales. TCLP is referenced in the ‘Green Lease’ section of the text, with a description of our work, reasons why owners or occupiers may wish to include ‘green’ lease clauses and a link to our website.

2. Presented on TCLP clauses and green leasing at the Law Society’s National Property Conference 2022

We introduced TCLP, made the case for green leases and spotlighted our clauses at the conference. The presentation was well received and ‘climate change’ was the second most popular topic of the day, according to a poll of attendees. 

3. Delivered a keynote speech on ‘Conveyancing and Climate Change’ at the inaugural Conveyancing Information Executive (CIE) conference

We presented the case for climate clauses in property conveyancing to attendees including Groundsure, Landmark, the Land Registry and the Coal Authority. We are following up with search providers, who would like to signpost TCLP clauses in their climate risk search products for properties.

4. Submitted a consultation response to the City of London Law Society’s (CLLS) proposed 8th ed. Certificate of Title (standard form)

Members of our Built Environment project advisory group worked together on a response calling for stronger climate wording and reference to our Certificate of Title clause (Tomas’ Disclosure Checklist) in the updated CLLS standard form. 

5. Contributed to the Better Buildings Partnership’s (BBP) Green Lease Toolkit update project

BBP’s Toolkit is being updated and TCLP is involved in its Steering Committee and Legal Working Group, alongside stakeholders like the Crown Estate and JLL. TCLP clauses are being used as starting points for more ambitious drafting in the Toolkit. The Toolkit is a platform to introduce TCLP-style clauses to BBP’s 49 commercial property owners with approximately £270bn of real estate assets under management.  

Opportunities to get involved

In the next quarter we will: 

1. Publish our interactive ‘contract map’, in collaboration with TLT, to help built environment stakeholders understand how they can use climate clauses to reach their decarbonisation goals 

The built environment contract map will undergo user testing in early 2023. If you are interested in participating in our user testing of the contract map, please email Josh van den Dries.

2. Develop further case studies

If you are using TCLP’s Built Environment clauses to innovate for climate in your contracts, the Built Environment project team wants to hear from you. Please email Josh van den Dries with your case study proposal.