Lawyers can play a key role in developing greener leases, says Susan Bright
Commercial and industrial buildings account for around 17% of UK carbon emissions. How buildings are used, in energy terms, is becoming a crucial issue: energy costs are rising; various policy drivers (such as display energy certificates) mean that there is increasing awareness of the environmental impact of the built environment; and the pricing and rationing from the CRC (carbon reduction commitment) will begin to bite over the next few years.
The All Party Urban Development Group has just published a report called “Greening UK Cities' Buildings” which looks at what needs to be done to reduce the energy use of commercial buildings. Of course, given that many commercial buildings are tenanted this means that the landlord and tenant relationship needs to take on board green issues by looking at matters such as energy use, waste management, and carbon footprints. At present, conventional leasing structures often hinder good environmental practices but “green leases” can be used to support and encourage greener building use.
The phrase “green leases” is now being used frequently, but
