[Marni’s Clause] Report on Title – Climate Change Clauses proposes additions to standard reports on title to reflect the results of a climate search for the property.
Marni’s Clause aims to improve transparency and reporting about the physical, transition and future liability risks of climate change for properties in the UK in reports on title.
This clause also 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 this update we have:
- Updated the user notes to reflect:
- the availability of specific climate risk searches in the market, and
- the context of the Law Society Guidance: The impact of climate change on solicitors.
- Replaced the previous clauses 2, 3 and 3.1 with:
- Option A: For instances where a client instructs its solicitors to carry out a climate search on the Property, and
- Option B: For instances where a client instructs its solicitors not to carry out a climate search on the Property.
- In Option A, added wording that:
- solicitors are not qualified to comment on the results of the climate search, and
- recommending that the client seek specialist advice (such as from insurance brokers, flood risk specialists or surveyors) on the relevant climate risks flagged in the search report.
- In Option B, confirmed that ‘The consequences of the client’s decision to not commission the climate search shall be borne by the client alone.’
- Added to the physical and transition risks which could be analysed in the climate search report, making this a ‘tick box’ list.
- Included a definition of Climate Change (from the TCLP Glossary).
Marni’s Clause is part of our built environment offering – a priority sector for reducing emissions. To access TCLP’s full range of resources for decarbonising your contracts in the built environment, click here.