Green lease
Contents |
[edit] Introduction
Recent years have seen the emergence of an increasing amount of guidance, policy and legislation relating to sustainability and corporate social responsibility aimed in particular at commercial and public properties which are significant consumers of energy.
In this regard, green leases are seen as a progressive step forward for sustainable development. In very broad terms, they are leases which contain specific provisions in relation to the sustainable operation of a property. This can include measures relating to; energy efficiency, waste reduction, waste management, water efficiency and so on as well as social and ethical issues. Typically they are used for leases for commercial or public buildings, whether new or existing, and may include obligations for both the landlord and tenant.
Green leases first emerged in Australia, where they have been used for government-owned and occupied buildings since 2006.
[edit] Benefits
Green leases can help:
- Reduce resource consumption.
- Improve energy efficiency.
- Ensure buildings are operated optimally and in accordance with their design.
- Reduce operating costs.
- Improve corporate image.
- Attract environmentally-aware tenants.
- Help demonstrate compliance with the Energy Performance of Buildings Directive.
- Contribute to compliance with energy efficiency and sustainability targets within the building regulations.
- Allow agreement of shared obligations to ensure the efficient running of the building through management committees.
- Help define procedures for dispute resolution.
- Help set targets, perhaps through an Energy Management Plan (EMP).
- Help monitor and record performance.
- Improve information collection through separate metering.
- Identify remedial actions.
- Define tenant fit-out and alterations policies.
[edit] Shades of green
There are a variety of shades of green leases from 'light green' to 'dark green':
- A light green lease may include the setting of obligations but without any targets or legal status.
- A mid-green lease might involve the establishment of specific targets and the development of an environmental or energy action plan for monitoring purposes but without legal enforcement if targets are not met.
- A dark green lease might include obligations and targets formalised through Heads of Terms which become legally binding, with a breach potentially resulting in financial penalties or a dispute resolution process.
For example, a ‘darker green’ obligation might read: ‘The landlord will provide to the tenant an environmental information pack before entering into this lease and update it annually within 1 month of the end of the service charge year”.’
[edit] Example lease clauses
In 2009, The Centre for Research in the Built Environment (CRiBE) at Cardiff University has published Greening the commercial property sector: A guide for developing and implementing best practice through the UK leasing process, which provides examples of ‘green’ clauses which could be incorporated into leases.
These are grouped under the following headings:
- Co-operation obligation.
- Environmental management plan.
- Development of a building management committee.
- Data sharing and metering.
- Flexibility.
- Restriction on tenant alterations and landlord’s works.
- Dilapidations.
- Rent review.
- Dispute resolution.
[edit] Related articles on Designing Buildings
- Dilapidations.
- Energy Performance of Buildings Directive.
- Green fit-out agreement.
- Landlord and Tenant Act.
- Lease Negotiations - Tenants Checklist.
- Leasehold.
- Rent review.
- Sample retail lease.
- Sustainable development.
[edit] External references
- Greening the Commercial Property Sector: A Guide for Developing and Implementing Best Practice through the UK Leasing Process, Good Practice Guide. Centre for Research in the Built Environment.
Featured articles and news
Licensing construction; looking back to look forward
Voluntary to required contractors (licensing) schemes.
A contractor discusses the Building Safety Act
A brief to the point look at changes that have occurred.
CIOB Construction Manager of the Year award
Shortlist set to go head-to-head for prestigious industry title.
HSE simplified advice for installers of stone worktops
After company fined for repeatedly failing to protect workers.
Co-located with 10th year of UK Construction Week.
How orchards can influence planning and development.
Time for knapping, no time for napping
Decorative split stone square patterns in facades.
A practical guide to the use of flint in design and architecture.
Designing for neurodiversity: driving change for the better
Accessible inclusive design translated into reality.
RIBA detailed response to Grenfell Inquiry Phase 2 report
Briefing notes following its initial 4 September response.
Approved Document B: Fire Safety from March
Current and future changes with historical documentation.
A New Year, a new look for BSRIA
As phase 1 of the BSRIA Living Laboratory is completed.
A must-attend event for the architecture industry.
Caroline Gumble to step down as CIOB CEO in 2025
After transformative tenure take on a leadership role within the engineering sector.
RIDDOR and the provisional statistics for 2023 / 2024
Work related deaths; over 50 percent from construction and 50 percent recorded as fall from height.